Representative Lamonica McIver entered a not guilty plea on Wednesday to a federal complaint alleging that immigration officials assaulted her and obstructed her actions during a legislative visit to a detention center in New Jersey.
“They can’t intimidate me. I won’t be deterred from my duties,” she stated outside the Newark courthouse after a brief hearing.
Democrat McIver was indicted by Alina Haba, a lawyer appointed by former President Donald Trump, following a visit to Delaney Hall in Newark. Currently, Immigration and Customs Enforcement operates around 1,000 privately owned detention centers.
This month, McIver faced charges that include three counts of assault and interference with federal officials. Two of these charges could result in sentences of up to eight years in prison, while the third is a misdemeanor punishable by a year.
In court, McIver affirmed her stance to District Judge Jamel Semper: “Your honor, I plead not guilty.” The judge scheduled the trial for November 10th.
Outside the courthouse, McIver cautioned that under the Trump administration, others might find themselves in similar situations.
McIver, a former U.S. attorney under Paul Fishman of New Jersey, insisted on her innocence, claiming that federal agents created a hazardous environment at Delaney Hall.
A request for comment was sent to Haba’s office on Wednesday.
Supporters gathered outside the courthouse for McIver, including family and local officials like Newark Mayor Ras Baraka, who had been present with her at the detention center during the incident on May 9th.
Baraka is pursuing legal action against Haba, citing malicious prosecution following an earlier trespassing arrest that was subsequently dropped.
He characterized the Trump administration as an extension of its political agenda, stating, “They will start attacking us.”
McIver’s indictment is part of a broader political conflict, as the Trump administration has accused several Democratic officials in New Jersey amid ongoing immigration enforcement and responses from Democrats. Such prosecutions against congressional members are quite unusual, especially for matters unrelated to fraud or corruption.
A nearly two-minute video released by the Department of Homeland Security shows McIver at the facility just before Baraka’s arrest. In the footage, she appears to pass through the gate, indicating a desire to join the others around the mayor.
The video captures a chaotic scene with numerous individuals in close proximity to McIver. At one point, her arms are seen moving toward a law enforcement officer.
McIver faces allegations of having “slapped” an agent’s arm and attempting to prevent the arrest of the mayor.
The indictment further claims she tried to intervene during Baraka’s arrest by placing her arm around him and engaging with an agent.
Other Democratic representatives, including Bonnie Watson Coleman and Rob Menendez, were present with McIver at the detention center that day, voicing their objections to the charges against her.
Legislators retain the right to visit federal immigration facilities as part of their oversight responsibilities, even without prior notification. This is supported by a 2019 Expenditures Legislation concerning such authority.
McIver, 39, was first elected to Congress in a special election in September after Rep. Donald Payne Jr.’s passing left a vacancy in District 10. She successfully secured a full term in November.
A Newark native, McIver served as the chair of the Newark City Council from 2022 to 2024, prior to her stint in the city’s public schools.
