Federal Judge Rejects Dismissal Request in Newark ICE Facility Confrontation Case
Another federal judge has upheld criminal charges against Democratic U.S. Rep. LaMonica McIver in a high-profile case involving a dispute outside a federal immigration detention center in Newark, New Jersey. The ruling means McIver will continue to face charges of assaulting and interfering with federal officers last spring.
On Monday, U.S. District Judge Jamel Semper refused McIver’s second motion to drop her remaining indictment count. The ruling follows a previous ruling that denied outright dismissal. McIver is appealing the ruling to the Third Circuit Court of Appeals, but the trial court has stated that the charge will stand.
The lawsuit stemmed from a confrontation outside Delaney Hall, a DHS-run immigration detention facility. Federal prosecutors say McIver helped arrest Newark Mayor Ras Baraka after he entered a guarded part of the facility. McIver is accused of assaulting and impeding a Homeland Security Investigations agent and an ICE deportation officer.
Federal authorities believe McIver accessed the protected grounds through a vehicle-opened gate. A guard believing Mayor Baraka was a legislative delegation let him in around the same time. Agents arrested Baraka after he refused to leave. The prosecution claims McIver and other officers surrounded Baraka, aggravating the scene. As cops tried to arrest the mayor, McIver is accused of hitting an agent with her forearm. The charges against Baraka were dropped.
McIver has rejected all charges and pled not guilty. Her legal team claimed legislative immunity under the Speech or Debate Clause based on her congressional status. The judge ruled that the indictment’s conduct was not protected legislative activity.
Judge Semper wrote in detail that constitutional safeguards apply solely to legislative activities like lawmaking or formal oversight. He determined that McIver had not proved that her involvement in the mayor’s detention was required for Congress’s oversight or information collection. The court decided that her alleged activities did not fall within constitutional immunity.
Since the ruling, McIver has criticized Trump administration officials and reiterated that her visits to Delaney Hall were part of her oversight of government facilities. She said Congress must observe incarceration conditions in person to oversee them. As the Newark facility’s population grows, immigration enforcement methods are under scrutiny.
The 2024 congresswoman fears harsh legal ramifications if convicted. The combined charges could result in a 17-year prison sentence, according to prosecutors. Her attorney did not discuss the latest ruling.
After an undocumented Haitian man died at Delaney Hall, the story gained attention. Democratic politicians like McIver returned to the institution last month to discuss detainee treatment and circumstances.
The judge’s ruling ensures the matter go ahead in trial court during the appeal process. The conclusion is closely followed because it raises problems about congressional jurisdiction, politicians’ participation in law enforcement, and federal detention facility monitoring.
Sources:
U.S. District Court for the District of New Jersey
U.S. Department of Homeland Security
U.S. Immigration and Customs Enforcement
Homeland Security Investigations
