Rep. LaMonica McIver must face federal charges over incident at ICE detention center, judge rules

(NEWARK, N.J.) — Congresswoman LaMonica McIver must face at least two of three federal charges accusing her of assaulting and impeding immigration officers outside a New Jersey detention center after federal judge on Thursday rejected her attempt to dismiss the case.

The New Jersey Democrat was charged with three counts of assaulting, resisting, impeding and interfering with federal officials following her May 9 visit to Delaney Hall, a privately owned, 1,000-bed facility in Newark that ICE uses as a detention center. 

The government alleges McIver intervened as federal agents attempted to arrest Newark Mayor Ras Baraka.

U.S. District Judge Jamel Semper turned down McIver’s arguments that she is immune from prosecution under the Speech or Debate Clause.

“Impeding an arrest, whether lawful or unlawful, goes beyond any reasonable definition of oversight and, accordingly, exceeds the safe harbor of legislative immunity,” Semper wrote in an order published Thursday. 

McIver’s actions as described in count one, which alleged she placed her arms around the mayor in an attempt to thwart his arrest and then slammed her forearm into a federal agent, were “wholly disconnected from the oversight she and the Representatives later conducted when touring the facility, where they engaged in protected fact-finding related to federal immigration policy,” the judge continued. “Defendant’s presence at Delaney Hall does not grant constitutional protection for every act performed in connection to that visit.”

Semper said he is still considering whether the Speech and Debate Clause might apply to count two — which alleged she forcibly struck an ICE officer following the arrest — noting, “the factual record is still being developed.”

The judge also rejected McIver’s argument that her case amounted to selective and vindictive prosecution by a Republican administration that called her visit to Delaney Hall a “reckless stunt.”

“Defendant has not demonstrated that her prosecution is a result of personal animus harbored by the prosecution,” Semper said.

McIver has pleaded not guilty. The trial was supposed to start this week but had been delayed pending the judge’s ruling.

She has alleged the prosecution is politically motivated, and her office called the charges “baseless.”

“This is Trump weaponizing the DOJ for people who speak out against him, for members and elected leaders who do their jobs to hold this administration accountable,” she said at a press event following her arraignment in June. “We will not be intimidated.”

Tensions escalated at the facility when a federal officer ordered Baraka to leave a secured area of the facility or face arrest, and pushing and shoving allegedly occurred, according to prosecutors.

Baraka was arrested at the facility and charged with trespassing, which was later dropped.

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