DOJ charges House Democrat over clash with ICE officers
Add Axios as your preferred source to
see more of our stories on Google.

Rep. LaMonica McIver speaks at a press conference at the U.S. Capitol on Feb. 6. Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images
The Justice Department charged Rep. LaMonica McIver (D-N.J.) on Monday over a scuffle with law enforcement outside an ICE facility in New Jersey this month.
Why it matters: McIver is the first federal officeholder targeted by the Trump administration as they aggressively prosecute politicians who open themselves to legal liability while opposing the president's mass deportations.
- McIver has strongly denied assaulting law enforcement during the clash, saying she was the one who was assaulted. In a Monday statement, she called the charges against her "purely political" and said they are "meant to criminalize and deter legislative oversight."
- The Department of Homeland Security has pointed to body camera footage of what they say is McIver elbowing an ICE agent during the arrest of Newark Mayor Ras Baraka.
What's happening: Alina Habba, acting U.S. attorney for the District of New Jersey announced on X she was dropping the case against Baraka, but charging McIver with assaulting, impeding and interfering with law enforcement. Habba accused the Democrat of violating the U.S. Constitution during the scuffle.
- "No one is above the law — politicians or otherwise," Habba said in a statement. "It is the job of this office to uphold justice, regardless of who you are. Now we will let the justice system work."
- Department of Homeland Security Secretary Kristi Noem echoed those comments in a post to X, saying: "If any person, regardless of political party, influence or status, assaults a law enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law."
- Baraka in a statement the City of Newark shared on its social media accounts welcomed the dismissal of the case against him and expressed support for McIver:
Catch up quick: McIver, Baraka and Reps. Bonnie Watson Coleman (D-N.J.) and Rob Menendez (D-N.J.) were at the Delany Hall detention center in Newark this month to protest its use as a migrant holding facility.
- The lawmakers argued that they were there to conduct legitimate oversight based on accusations that GEO Group, the private prison company operating the facility, lacked the proper permitting.
- In addition to Baraka and McIver, the FBI also arrested a Wisconsin judge last month for allegedly helping an undocumented defendant avoid arrest by ICE agents. She was indicted and pleaded not guilty this week.
What they're saying: McIver said in her Monday statement the charges against her "mischaracterize and distort" her actions.
- "This administration will never stop me from working for the people in our district and standing up for what is right," she added.
- "I am thankful for the outpouring of support I have received and I look forward to the truth being laid out clearly in court," she added.
What to watch: House Republicans have floated additional repercussions for the three lawmakers, with House Speaker Mike Johnson (R-La.) accusing them of "wildly inappropriate behavior."
- "I think it's pretty clear that the law was violated," the speaker said at a press conference this month, floating censure, removal from committees and expulsion as possible punishments.
- He acknowledged the two-thirds threshold for an expulsion vote would be a difficult hurdle to clear given Democrats' unity around defending their colleagues.
- Rep. Buddy Carter (R-Ga.) has introduced a resolution to remove the trio from their committees.
Go deeper: House Dems vow to "respond vigorously" to McIver charges |
Editor's note: This article has been updated with new details throughout.

