New Jersey

NJ Rep. LaMonica McIver charged with assault after skirmish at ICE center, prosecutor says

Interim U.S. Attorney Alina Habba announced at the same time announced that her office was dismissing a misdemeanor case brought against Newark Mayor Ras Baraka

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New Jersey’s top federal prosecutor said Monday that she’s charging Democratic Rep. LaMonica McIver with assault after a skirmish with federal officers who  outside an immigration detention center.

Interim U.S. Attorney Alina Habba announced the charge on social media, but court papers providing details were not immediately released or publicly available online. Habba said McIver is charged with assaulting, impeding or interfering with law enforcement.

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In a statement after the charges were announced, McIver accused ICE of creating "an unnecessary and unsafe confrontation" as she was "fulfilling our lawful oversight responsibilities" during a visit to the facility at Delaney Hall.

"The charges against me are purely political-they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight," the statement read. "This administration will never stop me from working for the people in our district and standing up for what is right."

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McIver’s attorney, Paul Fishman, the former U.S. attorney for New Jersey, issued a statement calling the decision to charge McIver “spectacularly inappropriate,” saying she went to Delaney Hall “to do her job” and she has the responsibility as a member of Congress to oversee ICE’s treatment of detainees.

“Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos,” Fishman said. “This prosecution is an attempt to shift the blame for ICE’s behavior to Congresswoman McIver. In the courtroom, facts — not headlines — will matter.”

Habba at the same time announced that her office was dismissing a misdemeanor case brought against Newark Mayor Ras Baraka, who was three members of New Jersey’s congressional delegation who were inspecting the facility in their oversight capacity.

Baraka said he was glad charges would be dismissed, adding that he plans on speaking with Habba "about issues on which we can cooperate." He also said in his statement that he would continue to advocate "for the humane treatment of detainees" at Delaney Hall, before noting he fully supported McIver.

"Congresswoman McIver is a daughter of Newark, past Newark Council President, a former student of mine, and a dear friend. I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated," the mayor said.

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