Rep. LaMonica McIver, a New Jersey Democrat, was indicted on federal charges Tuesday after a scuffle with immigration officers outside of a detention center in Newark last month.
A federal grand jury in New Jersey returned a three-count indictment, which was obtained by NOTUS, charging McIver with two counts of “assaulting, resisting, impeding, and interfering with a federal officer” and one count of “assaulting, resisting, impeding and interfering with federal officers.”
If convicted, the congresswoman faces a maximum penalty of eight years for count one, an additional maximum penalty of eight years for count two, and up to one year for count three, according to a press release from the Justice Department.
McIver said in a post on X that the “indictment is no more justified than the original charges” and that “the facts of the case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation.”
“I will not be intimidated. The facts are on our side, I will be entering a plea of not guilty, I’m grateful for the support of my community, and I look forward to my day in court,” she said.
Alina Habba, acting U.S. attorney for the district of New Jersey, first filed charges in May, after an incident with federal law enforcement outside a New Jersey detention center. McIver and two other members of the state’s congressional delegation had been inspecting the facility in oversight capacity, which a number Democrats have done (though some have been rebuffed). Unlike the federal jury’s indictment, Habba had charged McIver on two counts instead of three.
When Ras Baraka, the mayor of Newark, attempted to join the members, he was denied entry. After a skirmish, he was arrested. Part of the incident, according to a description of video footage by the Associated Press, includes McIver in a tight group with people and officers.
The first count of the federal grand jury indictment lists an unnamed Homeland Security investigations special agent as “Victim-1.” The indictment alleges that McIver “slammed her forearm into the body of [Victim-1]” when she attempted to stop Baraka’s arrest, and also “reached out and tried to restrain [Victim-1] by forcibly grabbing him.”
The second count lists an unnamed Immigration and Customs Enforcement deportation officer as “Victim-2.” According to the indictment, following Baraka’s arrest, McIver “pushed past [Victim-2] while using each of her forearms to forcibly strike [Victim-2].”
The third count does not name a specific victim. Instead, it says McIver “did forcibly assault, resist, oppose, impede, intimidate, and interfere with … [Homeland Security Investigation] Special Agents and ICE Deportation Officers.”
It remains unclear whether the contact was intentional or whether any injuries resulted from the scrum.
At the time, Deputy Attorney General Todd Blanche posted on X that “assaults on federal law enforcement will not be tolerated. This Administration will always protect those who work tirelessly to keep America safe.”
Habba’s statement Tuesday was supportive of the grand jury’s decision.
“As I have stated in the past, it is my Constitutional obligation as the Chief Federal Law Enforcement Officer for New Jersey to ensure that our federal partners are protected when executing their duties. While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve,” Habba said. “Today’s decision by the grand jury is the next step in a process that my Office will pursue to a just end.”
McIver’s attorneys did not immediately respond to NOTUS’ request for comment.
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Nuha Dolby is a NOTUS reporter and an Allbritton Journalism Institute fellow.
Oriana González is a reporter at NOTUS.