The feds today charged U.S. Representative LaMonica McIver in a three-count indictment today for forcibly impeding and interfering with federal officers, U.S. Attorney Alina Habba announced.

“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. We are eager to challenge these allegations head-on in court and fully expect the Congresswoman’s exoneration," said Paul J. Fishman, Partner, Arnold & Porter, Counsel for Congresswoman LaMonica McIver.

Said the congresswoman:

“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. 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. 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.”

According to the allegations in the indictment, "McIver forcibly impeded and interfered with federal officers as they attempted to arrest an individual outside the Delaney Hall Federal Immigration Facility in Newark, New Jersey on May 9, 2025.  McIver and two other members of Congress were present at the facility that day to conduct a congressional oversight inspection.  The inspection coincided with an immigration protest rally.  After the Congressional Delegation entered the secured area of the facility, the Mayor of Newark arrived and was given access to the secured area.  A federal officer then informed the Mayor that he was not authorized to be in the facility’s secured area, and issued the Mayor multiple warnings that he would be arrested if he did not leave.  McIver and other members of the Congressional Delegation overheard this conversation and challenged the officer, protesting the Mayor’s removal.  When officers moved in to arrest the Mayor, McIver and others surrounded the Mayor and prevented the officers from handcuffing him."

Habba further alleged:

After the Mayor was escorted outside the secured area, law enforcement officers made a second attempt to arrest him.  At this time, someone in the crowd yelled “circle the mayor.”  McIver then faced the Mayor and placed her arms around him in an effort to prevent HSI from completing the arrest.  During her continued attempts to thwart the arrest, McIver slammed her forearm into the body of one law enforcement officer and also reached out and tried to restrain that officer by forcibly grabbing him.  McIver also used each of her forearms to forcibly strike a second officer.

If convicted, McIver faces a maximum penalty of eight years in prison on the forcible impeding and interfering charge set forth in Count One of the indictment. She faces a maximum penalty of 8 years in prison on the forcible impeding and interfering charge set forth in Count Two.  She also faces a maximum penalty of 1 year in prison for Count Three.

U.S. Attorney Habba credited special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, with the investigation. The government is represented by Assistant U.S. Attorney Mark McCarren of the Special Prosecutions Division in Newark. An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

ACLU-NJ Responds to Federal Indictment of Congresswoman LaMonica McIver 

NEWARK – In response to the federal indictment of Congresswoman LaMonica McIver after a congressional oversight visit of Delaney Hall, an immigration detention center in Newark, ACLU-NJ Executive Director Amol Sinha issued the following statement:

“The indictment of Congresswoman McIver by the U.S. Department of Justice is an outrageous and unprecedented escalation of the Trump administration’s intimidation campaign against those who refuse to do its bidding.

“Congresswoman McIver was at Delaney Hall carrying out an oversight visit of an immigration detention center, as members of Congress have broad authority to do as an essential aspect of protecting their constituents and holding government agencies accountable. With this indictment, it's clear that the Trump administration is continuing to target lawmakers across New Jersey and the country for refusing to be complicit in its ongoing assault on immigrant communities and the fundamental rights at the core of our democracy.

“All public officials must immediately denounce this indictment. Members of Congress must leverage their oversight powers to provide strong checks and balances on the Trump administration’s shameful intimidation campaign and its cruel mass detention and deportation agenda.”

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The ACLU of New Jersey has defended liberty and justice guided by the vision of a fair and equitable New Jersey for all since our founding in 1960. Our mission is to preserve, advance, and expand the individual rights and liberties guaranteed by the state and federal constitutions in courts, in the legislature, and in our communities. We strive to be anti-racist and are actively committed to advancing racial justice for the people of New Jersey. We are a non-partisan organization that operates across political, legal, and cultural fronts to bring about change and build a more equitable society. www.aclu-nj.org