Alina Habba rejects LaMonica McIver's assertion felony charges over assault of ICE officers are attempt to 'criminalize' legislative oversight

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Alina Habba rejects LaMonica McIver's assertion felony charges over assault of ICE officers are attempt to 'criminalize' legislative oversight

"This has nothing to do with congressional oversight," Habba said, "and it has nothing to do with politics."

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May 21, 2025 minute read

US Attorney for New Jersey Alina Habba has defended the felony charges brought against NJ Rep. LaMonica McIver over the storming of ICE detention facility Delaney Hall in Newark on May 9. While McIver said she was at Delaney Hall, along with Reps. Bonnie Watson Coleman and Rob Menendez, to perform congressional oversight, Habba said their visit had nothing at all to do with that purpose.

McIver, who represents New Jersey's 10th district, could face eight years in prison if she's convicted and said that the charges were "very unnecessary." She said she was there to do her job. "If I'm going to be charged with a crime for doing my job, it really speaks to where we're headed in this country."

"This has nothing to do with congressional oversight," Habba said, per the NY Post, "and it has nothing to do with politics. It's about respecting those who risk their lives to keep us safe. This is not political, it's the law. I didn't create the law, my job is to enforce it." She also said she only filed charges after "efforts to resolve the matter without filing charges failed."

McIver was charged with assaulting, impeding and interfering with law enforcement. The charges were based on body cam footage captured by officers at the scene of the Delaney Hall melee. McIver could be seen punching, hitting and pushing law enforcement officers. The criminal complaint states that McIver "slammed her forearm into the body" of a DHS agent and "forcibly struck" an ICE officer.

McIver said that the DOJ charges "mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight. This administration will never stop me from working for the people in our district and standing up for what is right."

"These charges make one thing abundantly clear: this administration will never back down from supporting law enforcement," Habba said. "Our commitment is resolute — we back the blue. I fully support congressional oversight, but I will never support violence or interfering with law enforcement."

McIver said she didn't take the plea deal with the DOJ because they "wanted me to admit to doing something that I did not do, and I was not going to do that." McIver, who wore a red blazer easily seen in the body cam footage amid a sea of earth tones, also allegedly shouted "Hell no! Hell no! Hell no!" as agents attempted to arrest Newark Mayor Ras Baraka.

"I take my obligations as US Attorney seriously," Habba said when bringing the charges on Monday. "I understand the responsibility that comes with my position, and I will work diligently to uphold the law and deliver justice to the people of New Jersey."

She also dismissed the charges against Baraka, son of famed black nationalist poet and dramatist Amiri Baraka, saying "After extensive consideration, we have agreed to dismiss Mayor Baraka’s misdemeanor charge of trespass for the sake of moving forward."

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