A federal judge decided on Thursday that New Jersey Democratic Representative LaMonica McIver will face trial for allegedly assaulting a federal law enforcement officer outside an immigration detention center in Newark.
U.S. District Judge Jamel Semper rejected McIver’s plea to dismiss two out of the three charges against her. The judge dismissed claims from her party that the charges were politically motivated and argued that her position as an elected official granted her immunity from prosecution.
McIver is accused of assaulting, resisting, and obstructing law enforcement during a disturbance at the Delaney Hall ICE Detention Center in May.
Homeland Security Secretary Kristi Noem and New Jersey Assistant U.S. Attorney Alina Haba announced the charges, emphasizing that “no one is above the law.”
The charges stem from an incident on May 9, when McIver, alongside Representative Bonnie Watson Coleman, Representative Robert Menendez, and Newark Mayor Ras Baraka, visited Delaney Hall to oversee the facility and reportedly entered unlawfully. Baraka was later arrested on trespassing allegations.
“After examining the video evidence from Delaney Hall and completing a detailed investigation, the New Jersey District Attorney has opted to charge Congresswoman LaMonica McIver with assaulting, resisting, and obstructing a law enforcement officer,” Noem remarked in a post on X. “No one is above the law, and if you assault a law enforcement officer as we saw with Congressman McIver, you will face full prosecution.”
She further thanked ICE law enforcement officers for their commitment to the country.
DHS subsequently dropped the charges against Mayor Baraka.
Noem suggested that the Democrats’ actions at the detention facility were unnecessary, pointing out they had the opportunity to tour it a month prior.
A female New Jersey lawmaker was later indicted for her involvement in the incident.
The indictment includes three counts related to assault and obstruction of a federal officer. According to Haba, two men involved received sentences of up to eight years, while another is facing a year in prison.
