N.J. Congresswoman slammed her forearm into the body of agent, pushed ICE officer, feds allege

U.S. Rep.LaMonica McIver of New Jersey assaulted an agent and a deportation officer during a confrontation at an Immigration, Customs and Enforcement (ICE) detention facility in Newark earlier this month, according to a federal criminal complaint.

McIver, D-10th Dist., “slammed her forearm” into a Homeland Security Investigations (“HSI”) Special Agent and pushed an ICE Deportation Officer while attempting to stop officers from arresting Newark Mayor Ras Baraka, the complaint stated.

She was charged with assaulting, impeding and interfering with law enforcement during the May 9 incident at Delaney Hall, interim U.S. Attorney for New Jersey Alina Habba announced Monday night.

McIver, along with fellow Democratic New Jersey U.S. Reps. Rob Menendez and Bonnie Watson Coleman, went to Delaney Hall on May 9 for an oversight visit and a scuffle with law enforcement took place as Baraka was arrested at the site.

The criminal complaint, filed Monday, states that the security gate of Delaney Hall opened momentarily to allow a vehicle to enter into the secure area of the facility and that McIver and two other members of Congress “moved quickly inside the secured area as the gate closed.”

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Baraka arrived shortly thereafter and was told he could not enter without authorization but returned with members of his security detail and was able to enter inside the gate because the guard was under the impression that the mayor was part of the Congressional delegation, the complaint said.

An HSI agent then told the mayor to leave the secure area and spent about five minutes repeatedly ordering him to do so and “issued multiple warnings that he would be arrested if he did not do so,” the complaint read.

McIver and the other Congress members then “challenged” the agent about the mayor’s removal with the agent telling them that “Congress people are different,” indicating members of Congress had lawful authority to be there, and that Baraka did not, according to the complaint.

After numerous warnings to leave, and numerous warnings of potential arrest, the HSI agent announced he was going to place Baraka under arrest, the complaint said.

“McIver interjected, yelling ‘Hell no! Hell no! Hell no!,’” the complaint said.

Baraka then was ordered to put his hands behind his back by the agent who displayed handcuffs, which led McIver and the other Congress members to surround the mayor and prevent the agent from handcuffing him and taking him into custody, federal prosecutors allege.

After Baraka was moved outside the gate and the agent tried to handcuff him again, McIver hurried toward the agents and tried to stop them as others yelled “circle the mayor,” the complaint said.

She then placed her arms around Baraka as she and others encircled him, authorities said. It was then she “slammed her forearm” into the body of the agent and reached out and grabbed him, the complaint said.

Following Baraka’s arrest, McIver also pushed an ICE officer and “used each of her forearms to forcibly strike” the officer as she returned inside the secure area of the facility, the complaint said.

McIver’s attorney, Paul J. Fishman, called the decision to charge her “spectacularly inappropriate” and said she went to Delaney Hall to “do her job” to see how ICE is treating detainees.

“Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos,” Fishman said. “This prosecution is an attempt to shift the blame for ICE’s behavior to Congresswoman McIver.”

The trespassing charge against Baraka, a Democrat running for governor, was dismissed, Habba also announced Monday night.

The U.S. Department of Homeland Security alleges that the lawmakers “stormed” Delaney Hall and assaulted officers.

All three Congress members and Baraka have refuted those claims, with Baraka releasing video that showed a guard at the facility allowing him beyond the gate. The Congress members said they also were permitted past the gate prior to Baraka arriving.

After being charged Monday night, McIver said in a statement that the charges were “purely political.”

“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district,” McIver said in the statement. “We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short.

“Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka. The charges against me are purely political—they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight."

The situation escalated, the members of Congress contend, when Baraka exited the gates after being asked to leave. Four minutes later, guards came out to arrest him, according to body camera video. It was then that the Congress members and an aide encircled the mayor.

Video shows a chaotic scene in which Baraka was restrained, then dragged back through the security gates and handcuffed while McIver and Menendez jostle with the crowd and guards and move beyond the gates with the mayor.

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Chris Sheldon may be reached at csheldon@njadvancemedia.com.