House Dem Facing 17 Years In Prison Amid Federal Charges Over ICE Facility Clash

Rep. LaMonica McIver (D–N.J.) appeared in federal court Tuesday as she faces a three-count indictment alleging she impeded and interfered with federal officers during a May incident at a Newark, New Jersey ICE detention facility.

McIver’s attorneys argue that the Biden-era Department of Justice—still staffed with bureaucrats hostile to President Donald Trump’s renewed America First policies—is targeting her for political reasons. They claim she is being selectively and vindictively prosecuted for her opposition to the Trump administration’s immigration enforcement agenda, according to CNN.

U.S. District Judge Jamel Semper has yet to rule on McIver’s motion to dismiss the case but raised concerns about online statements from the Department of Homeland Security that appeared to go beyond the facts of the indictment. He cautioned that “fact-free” social media posts from government officials could taint a potential jury pool, noting that some of the DHS statements included claims “counter to the indictment,” such as allegations of trespassing and Antifa involvement.

Prosecutor Mark McCarren told the court that DHS had already removed press releases related to the incident and promised to seek deletion of the remaining online posts. One post still visible on the agency’s official X account falsely implied that “members of Congress stormed the facility gate.”

McIver was indicted in June for allegedly trying to physically interfere with the arrest of Newark Mayor Ras Baraka outside the ICE facility. At the time, she was visiting the site alongside Democratic Reps. Rob Menendez and Bonnie Watson Coleman as part of a House Homeland Security Committee inspection.

Defense attorneys say ICE officials obstructed the lawmakers’ oversight visit and blocked their lawful access to the facility. When Baraka attempted to join them, he was forcibly removed and arrested for trespassing alongside protesters—a charge later dropped.

Prosecutors allege that McIver “slammed” her forearm into an ICE agent and grabbed him in an attempt to restrain him, striking another officer in the process. They plan to present surveillance and bodycam footage of the altercation, which lasted just over a minute, during the trial scheduled for November 10.

McIver’s attorney, Paul Fishman, argues that her actions were protected under the Constitution’s Speech or Debate Clause because she was performing official congressional duties. Judge Semper, however, questioned whether a physical confrontation outside a secure gate could fall under legitimate legislative business.

Fishman contends that the prosecution is part of a broader political agenda. “This is part of a broader partisan agenda of ending ‘wokeness,’” he said, pointing to what he views as a stark contrast between McIver’s case and the pardons President Trump issued for nonviolent January 6 defendants.

“She was charged with something she never would’ve been charged with if she was a Republican,” Fishman told the court.

Semper pushed back on that claim, noting that the other Democratic lawmakers present during the May 9 incident were not charged. McIver’s defense maintains that she was shoved by an ICE officer and caught in a chaotic confrontation she did not initiate.

McIver later expressed concern on X about facing a potential 17-year sentence.

“Hearing prosecutors say I could get 17 years in jail for showing up to do my job, for protecting the people that I represent, who have elected me to protect them—it is stressful,” she wrote. “Some nights are sleepless, but we have to stand up for each other.”

President Donald Trump previously commented on the case, declaring that “the days of woke are over.”

If convicted, McIver could face serious prison time—though her attorneys insist the charges are politically motivated and unconstitutional.