Representative LaMonica McIver appeared in court today for oral arguments regarding the federal charges filed against her. Rep. McIver, who reported being shoved by ICE officers while conducting an oversight visit at the Delaney Hall Detention Facility in Newark, NJ, has called for the charges to be dropped. Speaking to the importance of congressional oversight of ICE facilities, Amy Fischer, Director of Refugee and Migrant Rights with Amnesty International USA, said:Â
“We are closely following the case of Representative LaMonica McIver. Members of Congress have a clear and lawful right to conduct unannounced oversight visits to ICE detention facilities. While her case proceeds, it’s important to note that targeting and criminalizing a member of Congress for conducting an unannounced oversight visit is deeply troubling. This appears to be retribution for attempting to hold ICE and DHS accountable and to chill other Members of Congress from attempting to exercise their oversight responsibilities.Â
“Oversight is essential to ensuring that human rights, including to due process, are respected and that ICE is operating within the boundaries of the law. While Congress has approved billions for President Trump’s cruel mass detention and deportation apparatus, policymakers, journalists, and civil society must have sight of what happens behind closed doors. Since 2020, Congress has voted to permit Members of Congress to conduct unannounced oversight visits, a critical tool that allows Congress to have a clear, objective picture into the daily operations of facilities that are within their oversight authority.
“We are witnessing an alarming embrace of authoritarian practices by the Trump administration, including attempts to silence those who seek transparency. Congress has a legitimate and necessary role in holding DHS accountable and must be able to fulfil that role without fear of intimidation or retaliation.”
Background
- On May 9, 2025, Representatives LaMonica McIver, Rob Menendez, and Bonnie Watson Coleman attempted to conduct an unannounced congressional oversight visit at Delaney Hall Detention Facility in Newark, New Jersey, operated by GEO Group and located within Rep. McIver’s district.Â
- Delaney Hall had reportedly opened without proper inspection or permitting, including lacking an occupancy permit.Â
- Newark Mayor Ras Baraka attempted to join the visit and was permitted to enter one gate by GEO Group staff. Mayor Baraka was arrested outside the property, despite his voluntary departure. Those charges were later dropped by federal prosecutors. Â
- A small group of local protesters and press were also present outside the facility.Â
- The Representatives joined a circle with peaceful protestors around Mayor Baraka while ICE and HSI agents charged the crowd. Representatives McIver and Watson Coleman reported being shoved by ICE officers. Â
- Once they were able to re-enter the ICE facility, Rep McIver complained to ICE that the agents were very aggressive. Â
- Ten days later, after charges against Mayor Baraka were dropped, the Department of Justice announced assault charges against Rep. McIver. She was indicted by a federal grand jury on June 10, 2025, on three counts of assaulting and interfering with federal officers.Â
- Rep. McIver has pleaded not guilty, calling the charges politically motivated. Pre-trial oral arguments were on October 21, 2025, with a tentative trial date set for November 10, 2025.
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