Democratic New Jersey Rep. LaMonica McIver has been charged with assaulting a law enforcement officer after she and other Democrats engaged in a tense showdown with agents at an Immigration and Customs Enforcement (ICE) facility earlier this month. The move against McIver comes amid ramped-up efforts by the Trump administration to enforce its harsh immigration policies and to use the law against its opponents, including government officials.
Charges stem from the May 9 immigration facility incident
On Monday, acting U.S. Attorney for the District of New Jersey Alina Habba announced that she was charging McIver with violating federal law by “assaulting, impeding and interfering with law enforcement,” referring to a crowded shoving match between officials and ICE agents during the May 9 incident. In a statement concerning the charges, Habba says that McIver had “declined” opportunities to resolve the matter and that “no one is above the law – politician or otherwise. It is the job of this office to uphold justice impartially, regardless of who you are.” Habba is a close advisor to President Donald Trump and previously represented him as private counsel in several of his legal battles.
The charges against McIver stem from a May 9 incident in which she and several other Democratic members of Congress toured the recently opened Delaney Hall ICE facility in Newark. In an incident caught on video, members of the delegation and ICE agents can be seen pushing, shoving and crowding one another outside of the facility.
Newark Mayor Ras Baraka, also a New Jersey gubernatorial candidate, was arrested as he attempted to protest the facility and join the congressional delegation. Habba accused the mayor of trespassing, though her Monday statement notes that those charges were later dropped.
Republicans cheer on charges as Democrats push back
According to ABC News, Trump supporters and members of the administration have celebrated the charges against McIver, while Democrats have defended their colleague and pushed back against the accusations. Department of Homeland Security Secretary Kristi Noem backed Habba’s decision to charge McIver, tweeting, “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.”
McIver, meanwhile, released a statement saying, “The charges against me are purely political—they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.” She added, “This administration will never stop me from working for the people in our district and standing up for what is right,” and thanked her supporters for standing by her.
Many of McIver’s colleagues have defended her and objected to the charges against the congresswoman. New Jersey Sen. Cory Booker called the charges “clearly unfounded,” arguing, “Representative McIver was exercising her legally protected authority as a member of Congress to conduct oversight of a detention center that receives millions of taxpayer dollars.” He also noted that McIver was allowed to tour the facility after her “unremarkable” actions outside the center, and he called on the Justice Department to “drop these charges immediately.”
For now, at least, the Trump administration seems determined to push forward in the case against McIver, possibly to make an example of her or perhaps to push its immigration agenda forward. Having taken other moves, such as the arrest of a judge for allegedly interfering with immigration authorities, the charges against McIver appear to be the latest in a growing trend of using the law against opponents of the administration’s immigration policies.
