Trump DOJ charging House Democrat in ICE fracas
Rep. LaMonica McIver is being charged with assault over a clash outside an immigration detention facility in Newark


What happened
The Justice Department is charging Rep. LaMonica McIver (D-N.J.) with allegedly "assaulting, impeding and interfering with law enforcement" during a May 9 tussle outside an immigration detention facility in Newark, New Jersey, acting U.S. Attorney Alina Habba announced Monday. She also said she was dropping misdemeanor trespassing charges against Newark Mayor Ras Baraka (D) stemming from the incident "for the sake of moving forward."
Who said what
The Department of Homeland Security released body-camera video it says shows McIver elbowing masked law enforcement officials outside the Delaney Hall detention facility, where she and two other congressional Democrats had come for a surprise inspection, as allowed under federal law. McIver and her colleagues said the ICE agents shoved and assaulted them. Homeland Security Secretary Kristi Noem said the charges were based on a "thorough review of the video footage." But the government's narrative has been "contradicted" by other video footage and "by witnesses who were at the scene," The New York Times said.
Charging a sitting member of Congress "after a heated clash in which no one was injured" is a "highly unusual decision," The Washington Post said. It's also an "extraordinary stress-test for the separation of powers at a time in which President Donald Trump is seeking to maximize executive branch dominance," Politico said.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Prosecuting McIver is "extreme, morally bankrupt and lacks any basis in law or fact," House Democratic leaders said. "No one is above the law — politicians or otherwise," said Habba, a former defense lawyer for Trump. "Assaults on federal law enforcement will not be tolerated," said Deputy Attorney General Todd Blanche, another former Trump defense attorney.
What next?
This "spectacularly inappropriate" prosecution is an "attempt to shift the blame" from ICE's escalation of "what should have been a peaceful situation into chaos," said McIver's lawyer, Paul Fishman, a former U.S. attorney for New Jersey. "In the courtroom, facts — not headlines — will matter." McIver said the charges were "purely political" and she looked "forward to the truth being laid out clearly in court."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Sharenting: does covering children's faces on social media protect them?
In The Spotlight Privacy trend has 'trickled down' from celebrity parents but it may not protect your kids
-
Syria's returning refugees
The Explainer Thousands of Syrian refugees are going back to their homeland but conditions there remain extremely challenging
-
Rustle up some fun at these Western hotels and dude ranches
The Week Recommends Six properties that are ready to rope you in
-
How would the Trump administration denaturalize immigrant citizens?
Today's Big Question Using civil courts lowers the burden of proof
-
Trump sues LA over immigration policies
Speed Read He is suing over the city's sanctuary law, claiming it prevents local law enforcement from cooperating with federal immigration authorities
-
Obama, Bush and Bono eulogize USAID on final day
Speed Read The US Agency for International Development, a humanitarian organization, has been gutted by the Trump administration
-
Zohran Mamdani: the young progressive likely to be New York City's next mayor
In The Spotlight The policies and experience that led to his meteoric rise
-
Are masked ICE agents America's new secret police?
Today's Big Question Critics say masks undermine trust in law enforcement
-
Senate advances GOP bill that costs more, cuts more
Speed Read The bill would make giant cuts to Medicaid and food stamps, leaving 11.8 million fewer people with health coverage
-
Some mainstream Democrats struggle with Zohran Mamdani's surprise win
TALKING POINT To embrace or not embrace? A party in transition grapples with a rising star ready to buck political norms and energize a new generation.
-
Canadian man dies in ICE custody
Speed Read A Canadian citizen with permanent US residency died at a federal detention center in Miami