A federal grand jury has indicted Democratic Representative LaMonica McIver of New Jersey on three counts of impeding and interfering with federal law enforcement officers, Alina Habba, the interim U.S. Attorney for the District of New Jersey, announced on X, formerly Twitter.
The Context
Tuesday’s indictment against McIver is the latest development in the Trump administration’s crackdown on immigration and Democratic elected officials’ efforts to push back on President Donald Trump’s political agenda. The indictment is also a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption.
McIver was charged in connection with a scuffle that broke out at the Delaney Hall detention center in May, when McIver, two other Democratic lawmakers from New Jersey, and Newark Mayor Ras Baraka visited the facility.
Tensions escalated at the Newark facility between Immigration and Customs Enforcement (ICE) officials, protesters at the entrance and the four Democrats. Baraka was arrested on a misdemeanor trespassing charge but later released.
McIver was criminally charged and accused of attacking ICE agents, an allegation she has vehemently denied. Her prosecution follows April’s arrest of Milwaukee County Circuit Court Judge Hannah Dugan, who is accused of helping a migrant evade arrest by ICE agents.
What To Know
“This indictment has a maximum penalty of 8 years for Count One, an additional maximum penalty of 8 years for Count Two, and a maximum penalty of 1 year in prison for Count Three,” Habba said of the federal charges against McIver.
The acting U.S. attorney and former personal defense lawyer for President Donald Trump went on to say that it is her “constitutional obligation” to “ensure that our federal partners are protected when executing their duties.”
McIver said in a statement that she will plead not guilty to the charges, saying they are “no more justified than the original charges” Habba announced in May.
“The facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation,” the New Jersey Democrat said. “This indictment is no more justified than the original charges, and is an effort by Trump’s administration to dodge accountability for the chaos ICE caused and scare me out of doing the work I was elected to do.”
McIver added: “But it won’t work—I will not be intimidated. The facts are on our side, I will be entering a plea of not guilty, I’m grateful for the support of my community, and I look forward to my day in court.”
What People Are Saying
Habba wrote on X: “While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve. Today’s decision by the grand jury is the next step in a process that my Office will pursue to a just end.”
Paul Fishman, a lawyer representing McIver, told the Associated Press in a statement: “The legal process will expose this prosecution for what it truly is — political retaliation against a dedicated public servant who refuses to shy away from her oversight responsibilities.”
What Happens Next
McIver will plead not guilty to the charges against her.
The AP contributed reporting to this story.
Update 6/10/25 8:18 p.m. ET: This story has been updated with additional information and context.
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