U.S. attorney drops case against Newark Mayor Ras Baraka, charges Rep. LaMonica McIver for ICE protest

The federal trespassing charge against Newark Mayor Ras Baraka has been dismissed, U.S. Attorney for New Jersey Alina Habba announced. 

Baraka was arrested outside Delaney Hall, an Immigration and Customs Enforcement facility in Newark, on May 9 during a visit with members of New Jersey’s congressional delegation.

“After extensive consideration, we have agreed to dismiss Mayor Baraka’s misdemeanor charge of trespass for the sake of moving forward,” Habba said in a statement posted to social media Monday. 

Baraka, who is currently running for governor, appeared in court last week. At the time, prosecutors indicated they would take the case to trial. 

“I am glad that the U.S. Attorney has agreed that this case should be dismissed. I have had strong relationships with prior U.S. Attorneys, and I plan to speak with the current U.S. Attorney about issues on which we can cooperate. As to Delaney Hall, I will continue to advocate for the humane treatment of detainees, and I will continue to press the facility to ensure that it is compliant with City of Newark codes and regulations,” Baraka said in a statement. 

Congresswoman charged for New Jersey ICE protest

Habba also announced her office charged U.S. Rep. LaMonica McIver for “assaulting, impeding and interfering with law enforcement” during the Delaney Hall visit. 

“Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district. We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short,” McIver said in a statement responding to the charges. “Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka. The charges against me are purely political they 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. I am thankful for the outpouring of support I have received and I look forward to the truth being laid out clearly in court.” 

Homeland Security Secretary Kristi Noem issued a statement saying the decision to charge McIver came after “a thorough review of the video footage of Delaney Hall.”

“Congresswoman McIver is a daughter of Newark, past Newark Council President, a former student of mine, and a dear friend.  I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated,” Baraka added. 

Baraka and McIver have criticized the ICE facility housing migrants in Newark. They and others have argued it is dangerous and illegal, and that the private company that signed a contract with ICE did not obtain permits and blocked inspections. The Department of Homeland Security denies those claims.

“I have invited the mayor to tour Delaney Hall. The government has nothing to hide at this facility, and I will personally accompany the mayor so he can see that firsthand,” Habba’s statement continued. “The citizens of New Jersey deserve unified leadership so we can get to work to keep our state safe. The dismissal against the mayor is not the end of this matter.”

President Trump appointed Habba, a longtime ally of his, to be New Jersey’s top federal prosecutor in March.