Key points: A federal judge denied Rep. LaMonica McIver's motion to dismiss, ruling she must face at least two of three counts tied to a May 9 confrontation outside Delaney Hall, an ICE detention facility in Newark. Prosecutors allege McIver obstructed agents trying to arrest Mayor Ras Baraka and struck a federal officer; she has pleaded not guilty. Judge Jamel Semper rejected her claim of legislative immunity for count one and said the record is still developing for count two. The court also found no proof of selective or vindictive prosecution.
Judge Rules Rep. LaMonica McIver Must Face Federal Charges After Confrontation at ICE Facility
Key points: A federal judge denied Rep. LaMonica McIver's motion to dismiss, ruling she must face at least two of three counts tied to a May 9 confrontation outside Delaney Hall, an ICE detention facility in Newark. Prosecutors allege McIver obstructed agents trying to arrest Mayor Ras Baraka and struck a federal officer; she has pleaded not guilty. Judge Jamel Semper rejected her claim of legislative immunity for count one and said the record is still developing for count two. The court also found no proof of selective or vindictive prosecution.
11:07 PM, 11/13/2025Politics
Federal judge refuses to dismiss charges against New Jersey congresswoman
A federal judge on Thursday ruled that Rep. LaMonica McIver must face at least two of three federal counts accusing her of assaulting and obstructing immigration officers during a May 9 visit to Delaney Hall, a privately run 1,000-bed facility in Newark used by ICE.
McIver, a New Jersey Democrat, was indicted on three counts alleging she assaulted, resisted, impeded and interfered with federal officers after prosecutors say she intervened while agents sought to arrest Newark Mayor Ras Baraka. McIver has pleaded not guilty.
Judge rejects legislative immunity defense
U.S. District Judge Jamel Semper denied McIver's motion to dismiss, rejecting her claim that she is immune from prosecution under the Constitution's Speech or Debate Clause. In his written order, Semper wrote that:
"Impeding an arrest, whether lawful or unlawful, goes beyond any reasonable definition of oversight and, accordingly, exceeds the safe harbor of legislative immunity."
The judge said the allegations in count one — that McIver wrapped her arms around the mayor in an attempt to thwart his arrest and struck a federal agent with her forearm — were "wholly disconnected" from the protected legislative fact-finding later conducted by McIver and other representatives during their tour of the facility. He emphasized that mere presence at Delaney Hall does not grant blanket constitutional protection for every act taken there.
Semper added he is still evaluating whether the Speech or Debate Clause might apply to count two, which alleges McIver forcibly struck an ICE officer after the arrest, noting that "the factual record is still being developed."
No evidence of selective prosecution, judge says
The court also dismissed McIver's contention that she is the victim of selective or vindictive prosecution tied to political animus, finding she "has not demonstrated that her prosecution is a result of personal animus harbored by the prosecution." McIver and her office have described the charges as politically motivated and "baseless."
According to prosecutors, tensions escalated when a federal officer ordered Mayor Baraka to leave a secured area or face arrest; pushing and shoving allegedly followed. Baraka was detained and charged with trespassing, a charge that was later dropped.
The trial had been scheduled to begin this week but was delayed pending the judge's ruling. Proceedings will continue as the court develops the factual record on the remaining counts.