Alina Haba, serving as an interim U.S. attorney in New Jersey, revealed earlier this month plans to sue law enforcement officials at the U.S. Immigration and Customs Enforcement (ICE) Detention Center in Newark.
This marks a significant escalation as it is the first instance of President Trump’s Justice Department bringing criminal charges against a sitting lawmaker during his second term. The situation stemmed from an attempt by McQuiver, accompanied by two other New Jersey Democrats and Newark’s Mayor Russ Barakah, to gain access to Delaney Hall ICE Detention Center.
Previously, Haba’s office had charged Mayor Baraka with a misdemeanor for trespassing. However, she announced on Monday that those charges would be dropped “to move forward.” Still, Haba indicated that McQuiver’s actions were serious enough to warrant attention, accusing her of federal offenses including assaulting, resisting, and obstructing law enforcement.
“I’ve tried to resolve these issues without resorting to criminal charges and gave Representative McBur ample opportunity for resolution, but she ultimately declined,” Haba stated.
Details regarding any pricing associated with the court proceedings were not immediately available online.
In response, McQuiver criticized the charges, asserting her “legal oversight responsibility.” She further claimed, “The accusations are purely political, aimed at distorting my actions, criminalizing, and hindering legislative oversight.”
Previously, McQuiver contested allegations of being violent that day, which included a statement from the Department of Homeland Security alleging she had an ICE employee who “denounced the body.” McQuiver responded, insisting, “Absolutely not. I can’t even fathom how to physically harm someone. There’s no footage to back such claims.”
Haba was appointed top federal prosecutor in New Jersey in March after having served as a presidential advisor in the White House, where she was known for frequently defending Trump on television.
Democrats on the House Judiciary Committee quickly condemned the charges against McQuiver. They called it a clear attempt to intimidate Congress members and obstruct oversight of the administration’s actions, which have been challenged legally more than 150 times. They expressed support for her constitutional rights and duties.
“It’s alarming to target members of Congress for simply fulfilling their duties, which exposes the increasingly authoritarian nature of this administration and its unlawful efforts to stifle dissent,” they noted.
Legislators have the legal right to tour ICE facilities without prior approval. Despite that oversight capacity, lawmakers can still face prosecution for criminal behavior.
Contentious video footage capturing a confrontation between lawmakers and ICE officials earlier this month complicates the narrative surrounding these events. In one clip shared by NJ Spotlight News, McQuiver was heard instructing officers not to touch her or Bonnie Watson Coleman (D-N.J.), as it appeared the officer was grabbing hold of a senior lawmaker. It seemed McQuiver pushed back against police during the fray.
“We were exercising legitimate oversight responsibilities as Congress members have done before. The visit was supposed to be peaceful and brief, but ICE agents escalated tensions unnecessarily,” McQuiver remarked.
Democrats have even questioned whether the Trump administration truly believed the charges held merit. Rep. Delia Ramirez (D-Ill.) asked Homeland Security Secretary Christie Noem last week, “If they were so egregious, why were they allowed to conduct surveillance?”
Updated at 9:51 PM
