Rep. LaMonica McIver, Expecting Second Child, Fights Federal Prosecution She Calls Politically Motivated

U.S. Rep. LaMonica McIver (D-N.J.), a 40-year-old freshman lawmaker expecting her second child this fall, is fighting federal criminal charges stemming from a May 9, 2025, confrontation outside Delaney Hall, a federally operated immigrant detention facility.

Case, Appeal and Stakes

McIver faces charges that carry a potential sentence of up to 17 years in prison. Her legal team has asked the U.S. Court of Appeals for the Third Circuit to dismiss the case on the grounds of legislative immunity; the appellate panel will determine whether the prosecution can proceed. The charges were brought by the U.S. Attorney's office in New Jersey when Alina Habba, a former personal attorney for President Donald Trump, served as interim U.S. Attorney. Habba was later removed for serving without U.S. Senate confirmation.

WASHINGTON, DC – MARCH 28: White House Presidential Counselor Alina Habba (R) delivers remarks before being sworn in as the interim U.S. Attorney for New Jersey as U.S. President Donald Trump looks on in the Oval Office at the White House on March 28, 2025 in Washington, DC. Habba is a former personal attorney for President Donald Trump. (Photo by Andrew Harnik/Getty Images)

The Incident

Video of the May 9 encounter shows federal officers arresting Newark Mayor Ras Baraka during an oversight visit that included McIver and two other members of Congress. Officers can be seen pushing through a crowd as they took the mayor into custody. A federal judge later ruled Baraka's arrest unlawful and the Department of Justice dropped charges against him; prosecutors subsequently charged McIver with assaulting a federal officer and forcibly impeding an arrest.

McIver's Response and Ongoing Work

McIver told theGrio she initially learned of the indictment via social media and dismissed it as a politically motivated prosecution. Despite the legal pressure, she has continued to serve in Congress, campaign for re-election, and visit Delaney Hall to meet detainees and speak out against ICE practices. She said the case has instead "lit a fire" under her to keep exposing what she considers harmful government practices, noting concerns that detainee deaths and alleged human-rights abuses at Delaney Hall need public oversight.

Congresswoman Rep. LaMonica McIver demands the release of Newark Mayor Ras Baraka after his arrest while protesting outside an ICE detention prison, Friday, May 9, 2025, in Newark, N.J, (AP Photo/Angelina Katsanis)

"I'm not letting up on my service to the community," McIver said. "I want my kids to look back and say, 'Oh, my mom, she stood up for people.'"

Financial and Political Strain

The congresswoman says legal fees have reached roughly $1 million, a burden that has complicated fundraising for her campaign. McIver praised support from colleagues, especially members of the Congressional Black Caucus, but expressed frustration that Democratic party leaders and the broader "establishment" have not done more to help fund her defense. She added that raising money has been especially difficult as a Black woman in politics and suggested she would receive different treatment if she were a white man.

Outlook

McIver said she has leaned on faith, balance and family as she awaits the Third Circuit's decision. While acknowledging the stakes, she remains publicly defiant and committed to constituent advocacy and immigrant oversight. She urged the public to join her in standing up for what she described as the greater good and said she hopes her children will be proud that she protected people in need.