Judge Lectures DOJ Over Ras Barakа Arrest at ICE Facility – As NJ Rep. LaMonica McIver is Released Without Bail In a significant development following the controversial arrest of Newark Mayor Ras Barakа during a protest at an ICE facility, a federal magistrate judge delivered a sharp rebuke to the Department of Justice (DOJ) for withdrawing charges. This occurred as concurrently, New Jersey Rep. LaMonica McIver was released without bail. Both officials were central figures in a group of Democratic politicians who engaged in a disruptive demonstration at Delaney Hall in Newark, protesting the reopening of the migrant detention center. Mayor Barakа was apprehended at the scene, and federal prosecutors subsequently declined to pursue misdemeanor charges against him. Simultaneously, Rep. McIver faced felony assault charges filed days after the May 9th incident.
U.S. Magistrate Judge Andre Espinosa characterized the arrest of Barakа – a prominent candidate in next month’s Democratic primary for NJ governor – as a "worrisome mиѕѕtер." He criticized the "apparent rush" to drop the case, describing the DOJ’s actions as "embarrassing." Judge Espinosa emphasized that the DOJ’s role isn’t to secure convictions at all costs, nor to appease public sentiment or political agendas. Instead, he stressed the importance of impartial application of the law, the pursuit of truth, and upholding due process for everyone involved. The judge dismissed the complaint with prejudice, meaning it can never be revived.
Furthermore, the judge highlighted the potentially severe consequences of an arrest, noting the "significant reputational and personal consequences" associated with such an action. Barakа’s legal team maintained his innocence, asserting that his exoneration was a "fait accompli." Rep. McIver’s first appearance in New Jersey federal court involved answering felony assault charges stemming from the ICE facility protest. Appearing via video screen, McIver, 38, was read her rights before being released on her own recognizance. She faces a potential sentence of up to eight years in prison if convicted. Until her preliminary hearing — set for June 11 — McIver is restricted from traveling outside the country unless required for official work, and she must notify the government prior to any travel. McIver, who has represented New Jersey’s 10th Congressional District since last September, labeled the charges as "purely political" and blamed the ICE agents for escalating the confrontation. "It was very unnecessary," she stated to CNN, describing the charges as "absurd" while insisting she was "there to do her job." McIver added, "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."
Acting New Jersey U.S. Attorney Alina Habba defended the filing of felony charges, asserting to The Post that McIver’s alleged assault of federal agents was unacceptable. "This has nothing to do with congressional oversight, and it has nothing to do with politics. It’s about respecting those who risk their lives to keep us safe," Habba stated. The incident occurred outside the Delaney Hall Detention Center, which houses violent criminal migrants, including members of the MS-13 gang. Video footage and aerial camera stills reveal McIver shoving and shouting at Homeland Security and ICE agents, leading to her indictment. The complaint details that McIver "forcibly struck" a uniformed HSI agent and attempted to restrain him by grabbing him. Investigators utilized bodycam footage and aerial camera stills to demonstrate McIver’s actions and provide evidence of her assault and attempt to impede the arrest of Barakа. Following Barakа’s arrest, McIver allegedly "forcibly struck" an ICE agent. Representatives Robert Menendez Jr. (D-NJ) and Bonnie Watson Coleman (D-NJ) were also present at the protest. The unfolding situation raises significant questions regarding the balance between lawful protest, law enforcement actions, and the potential for political manipulation within the legal system."
