Federal Criminal Cases

U.S. v. Rep. McIver

Major Issue: Whether a Member of Congress may be prosecuted for actions resulting from efforts to exercise her official duties pursuant to a statutory right to access immigration detention facilities for the purpose of conducting oversight.

Case Status: Awaiting hearing on Motions to Dismiss.

Case Description: On May 9, 2025, Rep. LaMonica McIver was involved in an incident while attempting to access the Delaney Hall immigration facility in Newark, New Jersey in which agents sought to arrest Newark Mayor Ras Baraka. Although prosecutors subsequently dropped charges against the mayor, they filed new charges against Rep. McIver for allegedly interfering with the mayor’s arrest. In August, Rep. McIver moved to dismiss the case and provided new details, including that the mayor’s arrest was personally ordered by the Deputy Attorney General.

Procedural Posture: On June 10, 2025, Rep. LaMonica McIver was indicted for impeding the arrest of the Mayor of Newark. Case Number 2:25-cr-388 was assigned to District Court Judge Jamel K. Semper. Rep. McIver filed Motions to Dismiss based on selective enforcement and prosecution, vindictive prosecution, and legislative immunity.

On June 10, 2025, Rep. McIver was indicted for impeding the arrest of the Mayor of Newark. On August 15, 2025, she filed Motions to Dismiss the charges based on selective enforcement and prosecution, vindictive prosecution, and legislative immunity. She also filed motions to compel discovery and restrain extrajudicial statements. Prosecutors filed their Opposition on September 15, 2025, and Rep. McIver filed Replies on September 25, 2025.   

No proceedings to date.

No proceedings to date.