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In Unprecedented Move, Member of Congress Charged with “Forcibly Impeding” ICE Officials in Latest Escalation by Trump Administration

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By Lauren Burke

New Jersey Congresswoman LaMonica McIver was indicted on the evening of June 10 on federal charges. Acting U.S. Attorney for New Jersey Alina Habba announced the rare indictment of a member of Congress involving DHS officials on the Elon Musk-owned platform X. The charges against Rep. McIver are related to a confrontation between ICE officials and elected officials at Delaney Hall Immigration Detention Center in Newark, New Jersey on May 9. The confrontation led to the arrest of Newark Mayor Ras Baraka for “trespassing.” Though the charges were later dropped many said that it was another example of intentional intimidation by the Trump Administration. Habba wrote that individuals can express themselves but must, “must not do so in a manner that endangers law enforcement and the communities those officers serve.” The moment is another example of the Trump Administration’s building aggressiveness toward Democratic members of Congress and other elected officials. Threats of censure and arrest are increasing. Yesterday, President Trump threatened to arrest another Democrat, California Governor Gavin Newsom.  “I would do it if I were Tom [Homan],” answered President Trump on June 9 after being asked if he would arrest Gov. Newsom.

Though Habba is alleging that Rep. McIver “assaulted and interfered with immigration officers outside a New Jersey detention center” the video demonstrates a different set of facts on the scene as ICE agents prevented members of Congress, who are constitutionally permitted to entering suck facilities, from proceeding into the facility. “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,” McIver said in a June 10 statement. On May 19, Habba’s office announced they were dropping previously filed charges against Mayor Ras Baraka for “trespassing.” “Rep. McIver was doing her job and conducting oversight as a duly elected member of Congress. Trump is using baseless legal tactics to smear & silence this honorable Black Congresswoman—but it won’t work. This won’t intimidate us, and we stand with Rep. McIver,” wrote Congresswoman Ayanna Pressley (D-MA) after news of the indictment of her CBC colleague.

“This is a travesty. DOJ is filing charges that never would have been brought by prior Departments of either party. From Rep. McIver here to Judge Dugan in WI to David Huerta in LA — injustice. The congresswoman is vigorously contesting this, and I think she will be successful,” wrote attorney Norm Eisen on June 10, who is also a co-founder of The Contrarian. The federal charges against Rep. McIver are an unprecedented arrest of a member of Congress. There is no known previous public case that has involved a DHS-led arrest of a current member of Congress. Rep. McIver, 38, represents Newark and entered Congress in September 2024 after winning the seat of the late Congressman Donald Payne, Jr.

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