A visit by state and federal lawmakers to a Newark immigration detention facility earlier this month devolved into chaos as federal agents scuffled with the politicians and placed the city’s mayor under arrest. Weeks later, authorities said they would be dropping a trespassing charge against Newark mayor Ras Baraka but would charge Representative LaMonica McIver with assaulting a federal officer in connection with the incident.

Her Democratic colleagues have quickly jumped to the freshman lawmaker’s defense, condemning the criminal charges as politically motivated and an example of the Trump administration’s weaponization of the justice system. The charges come as the Justice Department has moved against members of other branches of government, such as the recent arrest and indictment of a Milwaukee judge on allegations that she had obstructed federal immigration agents. Here’s what we know so far about the charges against McIver and what could come next.

On May 9, McIver and fellow New Jersey representatives Rob Menendez and Bonnie Watson Coleman traveled to Delaney Hall, a 1,000-bed ICE facility that was recently opened in Newark. The three House members went with the stated intention of conducting oversight. Also in attendance was Baraka, one of several local officials who have accused the firm running the facility of conducting renovations and operating the space without the proper permitting.

According to numerous accounts, the federal lawmakers were allowed to enter the facility while Baraka waited outside in a fenced-in area. The mayor has shared videos that appear to show agents briefly allowing him inside the facility’s gate and later exiting, but the situation grew heated as the representatives returned and authorities moved to arrest Baraka. The lawmakers and other assembled protesters encircled the mayor, but a scuffle grew as agents moved in to detain him. Homeland Security shared video footage that appears to show McIver’s arm coming into contact with an agent’s. But it’s unclear from the hectic clip if McIver had been pushed from behind during the scrum. Baraka was ultimately arrested and escorted away in handcuffs.

Let’s check the tape. https://t.co/1S66cGSxct pic.twitter.com/LqEFhTrnYl— Homeland Security (@DHSgov) May 11, 2025

According to the a criminal complaint, McIver faces two counts of assaulting, resisting, and impeding certain officers or employees in connection with the incident. A sworn statement from a Homeland Security investigations agent alleges that McIver “slammed her forearm into the body” of another HSI agent and “forcibly” grabbed him. The statement also claims McIver pushed an ICE officer and used “each of her forearms to forcibly strike” him following Baraka’s arrest.

In a statement, Homeland Security secretary Kristi Noem said the charges were made after a “thorough review of the video footage” and a full investigation. “No one is above the law. If any person, regardless of political party, influence, or status, assaults a law-enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law,” she said.

Alina Habba, Donald Trump’s former personal attorney who is the acting U.S. Attorney for New Jersey, suggested that she attempted to resolve the matter without the courts. “I have persistently made efforts to address these issues without bringing criminal charges and have given Representative McIver every opportunity to come to a resolution, but she has unfortunately declined,” she said in a statement.

McIver denounced the charges against her as “purely political,” adding that they “mischaracterize and distort” her actions. She has retained Paul Fishman, a former New Jersey U.S. Attorney, for her legal counsel. “I am thankful for the outpouring of support I have received, and I look forward to the truth being laid out clearly in court,” she said.

As McIver vows to fight the charges against her, it’s not immediately certain that the federal government will succeed in court. The congresswoman has maintained that she was at Delaney Hall to conduct oversight of the detention facility and that federal law dictates lawmakers cannot be barred from entering “any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens” with that intention.

Additionally, federal lawmakers have a degree of protection through the Constitution’s “Speech or Debate” clause, which has been broadly interpreted as protecting legislative acts from prosecution. Prior to McIver’s arrest, Nancy Pelosi told Fox News that pursuing charges against the House members over the Newark incident could run afoul of the statute. “I think it’s a sign of weakness to instill fear,” Pelosi said. “It does definitely step on the Speech or Debate clause.”

House Democratic leadership issued a fiery joint statement on McIver, denouncing the charges against her as “extreme” and “morally bankrupt” and vowing to hold those responsible accountable.

“The proceeding initiated by the so-called U.S. Attorney in New Jersey is a blatant attempt by the Trump administration to intimidate Congress and interfere with our ability to serve as a check and balance on an out-of-control executive branch. House Democrats will not be intimidated by the Trump administration. Not today. Not ever,” House Minority Leader Hakeem Jeffries, minority whip Katherine Clark, caucus chair Pete Aguilar, caucus vice-chair Ted Lieu, and assistant leader Joe Neguse said.

Baraka said in a statement that he was “glad” his own federal charge had been dropped and issued his support for McIver. “I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated,” he said.

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