U.S. Sen. Cory Booker, a New Jersey Democrat, speaks at a press conference outside the U.S. Capitol on Tuesday, May 20, 2025, in Washington, D.C. (Photo by Shauneen Miranda/States Newsroom)

WASHINGTON — Congressional Democrats on Tuesday blasted the assault charges the Trump administration is pursuing against New Jersey U.S. Rep. LaMonica McIver following a clash with law enforcement earlier this month outside an immigration detention center in Newark.

Leaders of the Congressional Black Caucus, Democratic Women’s Caucus and Congressional Progressive Caucus defended McIver at a press conference attended by dozens of Democrats outside of the U.S. Capitol, arguing that the New Jersey Democrat was simply doing her job in conducting oversight of the facility.

In a criminal complaint, McIver is charged with two counts of “assaulting, resisting, and impeding certain officers or employees,” with one charge involving a Homeland Security Investigations special agent and another surrounding an Immigration and Customs Enforcement deportation officer.

The charges are tied to McIver’s May 9 visit to the detention center, where she was accompanied by fellow New Jersey Democrats — Reps. Rob Menendez and Bonnie Watson Coleman. The lawmakers had said they wanted to inspect the detention center.

Federal authorities say McIver assaulted two officers as she tried to prevent the arrest of Newark Mayor Ras Baraka. Alina Habba, acting U.S. attorney for the District of New Jersey, announced Monday that she would be dropping a trespassing charge against Baraka stemming from the same standoff.

‘Reprehensible political stunt’

At the Capitol press conference, Rep. Yvette Clarke, chair of the Congressional Black Caucus, described the charges as a “reprehensible political stunt.”

The New York Democrat said “members of Congress have every right to conduct oversight at ICE facilities and any other federal agency, and when egregious, undeniable and vicious violations of the law and people’s freedoms are taking place, we, they, in fact, have an obligation to do so.”

New Jersey Democratic Sen. Cory Booker said McIver, Menendez and Watson Coleman “stood their ground, used their voice and did their job.”

“They actually are obeying the Constitution. They are standing up to give checks and balances to this administration at a time that the Republicans in control of the House and the Senate are laying down and completely abrogating their duties to check and balance and give oversight to the president,” he added.

New Jersey Democratic Rep. Frank Pallone also condemned the charges on Tuesday, calling the Justice Department’s actions “outrageous.”

Ahead of a Tuesday hearing in the House Judiciary Committee on “threats to ICE operations,” Pallone led several other New Jersey Democrats in writing to the panel’s chair, Rep. Jim Jordan of Ohio, and ranking member, Rep. Jamie Raskin of Maryland, to express their support for the three lawmakers’ oversight visit to the detention center.

The group also condemned what they see as efforts from the Justice and Homeland Security Departments to “politicize and suppress lawful Congressional oversight through acts of intimidation and threats of legal action against our colleagues.”

‘Baseless charges’

Rep. Greg Casar, who chairs the Congressional Progressive Caucus, said the Department of Justice “filing baseless charges against a member of Congress for simply doing her job should send a chill down the spine of every American.”

The Texas Democrat said the caucus held a meeting just before the press conference where they decided that they are “just about to go and do a lot more oversight visits at ICE facilities.”

He said the members of the caucus recognized at the meeting that President Trump “doesn’t want us conducting oversight at ICE facilities like these brave members of Congress were doing — he wants to intimidate us out of doing that.” 

U.S. Homeland Security Secretary Kristi Noem delivers remarks to staff at the Department of Homeland Security headquarters on Jan. 28, 2025, in Washington, D.C. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

WASHINGTON — U.S. Department of Homeland Security Secretary Kristi Noem Wednesday harshly criticized three Democrats who were accosted by federal immigration officials while protesting the opening of an immigrant detention center in New Jersey.

Democrats at the hearing of the House Homeland Security Committee in turn said Immigration and Customs Enforcement officials physically assaulted the lawmakers.

Noem, who was appearing to discuss President Donald Trump’s fiscal year 2026 budget for the agency, said the Democrats who went to Delaney Hall to oversee the conditions were not conducting proper oversight.

Members of Congress are allowed to conduct oversight visits at any DHS facility that detains immigrants, without prior notice, under provisions in an appropriations law.

“I believe that it was breaking into a federal facility and assaulting law enforcement officers,” Noem, the former governor of South Dakota, said.

Newark incident

Last Friday, the three New Jersey Democratic members – Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez — were in Newark protesting the reopening of an immigrant detention center.

The mayor of Newark, Ras Baraka, was arrested. It was a stark escalation of Democratic lawmakers’ opposition to the Trump administration’s immigration crackdown.

After the incident, Menendez detailed how ICE agents “pushed, physically assaulted two female members of Congress.” 

Several Republicans on the panel that oversees Homeland Security, including Chair Mark Green of Tennessee, said there should be consequences for the Democrats, such as criminal charges.

Green accused one of three Democrats of assaulting a law enforcement officer.

“This behavior demands a swift and firm response, and I assure you, action will be taken,” Green said.

Arizona GOP Rep. Eli Crane suggested there be criminal charges lodged against the Democratic members and Republican Rep. Andy Ogles of Tennessee suggested to Noem that she “look into actions (to) be taken if a member assaulted” law enforcement.

The top Democrat on the panel, Rep. Bennie Thompson of Mississippi, slammed Noem for the incident.

“Instead of following the law, masked ICE personnel stopped and assaulted the members,” he said. “Then, to make matters worse, instead of launching an investigation into the incident, your department lied to the press about the situation and threatened to arrest members of Congress for doing their job.”

One of the Democrats who was at the detention center protest, McIver, sits on the committee, but she did not speak to Noem about the incident.

“This is not about me,” McIver said, and instead pressed Noem about international students who had their visas revoked.

Focus on Abrego Garcia

Democrats criticized Noem and the Trump administration’s aggressive immigration enforcement that has led to swift deportations and concerns about a lack of due process.

They especially focused on Kilmar Abrego Garcia, a Maryland man who was wrongly deported to a prison in El Salvador.

Rhode Island Democratic Rep. Seth Magaziner called Noem’s leadership of DHS “sloppy,” and said it has led to immigrants and even U.S. citizen children being wrongly deported.

“Instead of enforcing the laws, you have repeatedly broken them,” Magaziner said. “You need to change course immediately before more innocent people are hurt on your watch.”

California Democratic Rep. Eric Swalwell asked Noem if Abrego Garcia was given proper due process.

Swalwell said he was defending due process and held up a poster that showed Trump holding a picture of Abrego Garcia’s hand that digitally added “MS-13” tattoos to his knuckles.

He asked her several times if the photo was doctored. Noem did not answer the question but said she was unaware of the image.

Instead she said that even if Abrego Garcia were returned to the United States, he would be immediately deported. The U.S. Supreme Court ruled the Trump administration must facilitate the return of Abrego Garcia but he remains in El Salvador.

Crane asked Noem if she supported suspending habeas corpus, something that top Trump officials such as Deputy White House Chief of Staff Stephen Miller have floated.

Habeas corpus allows people who believe they are being unlawfully detained to petition for their release in court, and it’s used to challenge immigration detention. It’s currently the only avenue that Venezuelans subject to the Alien Enemies Act of 1798 have to challenge their deportation under the wartime law.

“That’s not in my purview to weigh in on,” Noem said. “This is the president’s prerogative to pursue, and he has not indicated to me that he will or will not be taking that action.”

The U.S. Constitution allows for habeas corpus to be suspended “in Cases of Rebellion or Invasion the public Safety may require it.”

Crane argued that unauthorized immigration counted as an “invasion,” and therefore could be used to suspend habeas corpus.

Habeas corpus has been suspended four times in U.S. history, during the Civil War; in almost a dozen South Carolina counties that were overrun by the Ku Klux Klan during reconstruction; in a 1905 insurrection in U.S. territories in the Philippines; and after the Pearl Harbor bombing in Hawaii.

FEMA dismantling

Thompson grilled Noem about the president’s comments wanting to dismantle FEMA.

Noem said that she is supportive of Trump’s policy.

“The president has been clear that he wants to empower states to give them the opportunity to build out their response,” she said.

She said that while the federal government will be there for support, that local and state governments “know what they need.”

Thompson asked Noem if she had a plan for the federal government responding to natural disasters.

Noem said while there is nothing in writing, “the White House is coming forward with a plan…that will be making recommendations.”

GOP Rep. Carlos Gimenez of Florida, said that while he supports efforts to “reform FEMA,” he stressed to Noem that “we can’t leave those who can’t fend for themselves.”

Newark Mayor Ras Baraka being released from a federal building hours after his arrest on May 9, 2025.

NEWARK — Newark Mayor Ras Baraka, who was arrested Friday and accused of trespassing at an immigration detention center, was released from custody hours after his detainment to cheers from hundreds of supporters.

Baraka, a Democrat, walked out of the federal building where he was being held just before 8 p.m. to the strains of “Ain’t No Stoppin’ Us Now” by McFadden & Whitehead blaring through speakers that had been set up by protestors.

The mayor, one of six Democrats running for governor in the June 10 primary, said he “didn’t do anything wrong.”

“I didn’t know this morning when I woke up that I would be in this facility here, that I would end up incarcerated for something that I believe is my democratic right to show up and speak out against what I think was happening here, a violation of city and state laws,” he said.

He was ordered to be released by U.S. District Court Judge Andre M. Espinosa at roughly 7:30 p.m. Baraka said he was charged with trespassing and will have to appear in court May 15. He said Department of Homeland Security agents treated him “very nicely.”

https://x.com/amandaleetv/status/1920995570405040155?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1920995570405040155%7Ctwgr%5Ef3f7eb1d5a2e197815e2fbc1eb0ed07f6c3e6334%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fnewjerseymonitor.com%2F2025%2F05%2F09%2Fthis-shouldnt-have-happened-newark-mayor-says-hours-after-his-arrest-during-ice-protest%2F

Baraka’s release capped off a wild day in Newark that started with him and three members of Congress — Democratic Reps. Bonnie Watson Coleman, LaMonica McIver, and Rob Menendez — appearing in Newark to visit Delaney Hall, a 1,100-bed immigration detention center that Baraka has tried to prevent from opening, saying the jail’s owner has not obtained necessary city permits.

Baraka said he was with fire officials Friday attempting to gain entrance to the facility, and videos show he was warned by federal agents that he would be placed under arrest.

After immigration agents arrested Baraka, acting U.S. Attorney Alina Habba claimed the mayor was trespassing. McIver and Menendez said Baraka was invited onto the jail’s property before he was arrested.

A scuffle broke out after protestors locked arms to protect Baraka, with Watson Coleman and McIver being pushed by immigration agents, videos show. Menendez was also seen yelling at officers not to arrest the mayor.

Baraka was walked away by masked agents and plainclothes officers.

The Department of Homeland Security characterized the incident as a “bizarre political stunt.” It claims the House members were “holed up in a guard shack” with protestors while a bus of detainees entered the security gate. It also denied claims that Delaney Hall does not have the proper permitting — allegations at the center of a lawsuit Newark filed against the jail’s owner, Geo Group — and said inspections and fire codes have been cleared.

Once protestors and officials found out Baraka was being held at an ICE facility on Frelinghuysen Avenue about 10 minutes away from Delaney Hall, the protest moved there — and grew. Hundreds of supporters and immigration activists stood in the pouring rain, relentlessly chanting for hours for federal officials to free the mayor.

State senators, county commissioners, local council members, and politicos from nearby New York also joined the protest. Meanwhile, statements of support poured in from other Democrats who are also running for governor, while Republicans used it as an opportunity to attack Baraka. Baraka’s campaign also sent out a fundraising text while he was detained.

During the protest, ICE agents peered through windows of the brick building where Baraka was being held, and a group of six agents stood in the parking lot, keeping watch on the crowd.

Watson Coleman told reporters that she had been “manhandled” during Baraka’s arrest. And Menendez called it an “act of intimidation” to keep the public from speaking about the Trump administration’s increasing immigration enforcement.

“The fact that they pushed, physically assaulted two female members of Congress, ask yourself if this is the beginning or if they’re going to change course,” Menendez said. “I have no faith that they’re going to change course, but we will continue to speak out against it.”

Gov. Phil Murphy, a Democrat, said on social media that while he was happy to see Baraka released, “the bottom line is he never should have been detained in the first place.”

While walking with police officers down Frelinghuysen Avenue after his release, Baraka was asked what his next steps would be.

“See my children,” he said.

New Jersey Monitor is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. New Jersey Monitor maintains editorial independence. Contact Editor Terrence T. McDonald for questions: info@newjerseymonitor.com.