NEW JERSEY – The federal indictment of U.S. Representative LaMonica McIver has ignited fierce backlash from civil liberties groups and constitutional experts, who argue the charges reflect a troubling misuse of federal power against an elected official performing her lawful oversight duties. McIver, who serves portions of Essex County and Newark, faces accusations of forcibly impeding federal officers during a May 9, 2025 oversight visit to the Delaney Hall Federal Immigration Facility in Newark.
According to the U.S. Attorney’s Office, McIver allegedly obstructed officers attempting to arrest the Mayor of Newark, who had joined the congressional delegation inside the secure perimeter during the constitutionally protected inspection. The mayor accompanied McIver and two other lawmakers as part of their oversight responsibility granted under Article I of the Constitution.
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“While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve,”
— Acting U.S. Attorney for New Jersey Alina Habba, via X
Federal prosecutors allege that when the mayor was asked to leave and refused, McIver and others physically intervened. The indictment claims McIver used her arms to block and strike two Homeland Security officers during the confrontation.
Critics see the indictment as a dangerous overreach—penalizing a sitting member of Congress for stepping in during what they describe as a politically motivated and legally questionable arrest of a local leader in the midst of official congressional oversight.
McIver dismissed the charges as a political stunt orchestrated by the Trump administration:
“The facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation,”
— U.S. Rep. LaMonica McIver
“This indictment is no more justified than the original charges, and is an effort by Trump’s administration to dodge accountability for the chaos ICE caused and scare me out of doing the work I was elected to do.”
Her attorney, Paul Fishman, former U.S. Attorney for New Jersey, echoed her sentiments:
“The legal process will expose this prosecution for what it truly is — political retaliation against a dedicated public servant who refuses to shy away from her oversight responsibilities.”
The charges arrive amid escalating national tensions over immigration policy and federal enforcement tactics. The May 9 visit coincided with a protest outside Delaney Hall, denouncing detention conditions and broader immigration enforcement measures. Supporters argue that McIver and her fellow lawmakers were acting well within their oversight role and duty to their constituents.
Civil rights advocates have rallied to McIver’s defense. The ACLU of New Jersey issued a strong rebuke of the indictment:
“The indictment of Congresswoman McIver by the U.S. Department of Justice is an outrageous and unprecedented escalation of the Trump administration’s intimidation campaign,”
— ACLU-NJ Executive Director Amol Sinha
“Congresswoman McIver was at Delaney Hall carrying out an oversight visit, as members of Congress are empowered to do. With this indictment, it’s clear the Trump administration is targeting lawmakers who stand up to its anti-immigrant agenda.”
Legal analysts have also questioned the proportionality of the charges. While prosecutors cite physical interference, they acknowledge no weapons were used, and the standoff ended with no serious injuries. Observers note that the incident unfolded during a tense and chaotic moment surrounding a controversial arrest.
The indictment alleges McIver “placed her arms around the mayor,” “grabbed an officer,” and “struck officers with her forearms.” Still, it remains uncertain whether these movements were deliberate acts of resistance or protective gestures during a rapidly escalating scene.
McIver has denied the charges and intends to plead not guilty. While the maximum penalty ranges from one to eight years in prison, legal experts say a conviction is far from certain—and even if found guilty, she may avoid a prison sentence. She remains presumed innocent under the law.
The case is being prosecuted by Assistant U.S. Attorney Mark McCarren of the Special Prosecutions Division and investigated by Homeland Security Investigations (HSI)—the same agency whose officers were involved in the incident.
As the case moves forward, it is expected to draw national attention to the clash between federal enforcement authority and the constitutional duties of elected officials—a balance many believe is now in jeopardy.
