Rep. McIver is facing federal charges stemming from an incident on May 9, 2025, at the immigration-detention facility Delaney Hall Detention Center (Newark, N.J.), operated by Immigration and Customs Enforcement. According to the indictment and complaint, she and other lawmakers were on a congressional oversight visit when law-enforcement officers moved to arrest Newark Mayor Ras Baraka. Prosecutors allege that McIver physically intervened, “slammed her forearm into” one agent’s body and attempted to grab and restrain another, thus impeding the arrest.
A federal grand jury indicted her on three counts: two felonies (each carrying a maximum of eight years’ prison) and one misdemeanor (up to one year), for “assaulting, resisting, impeding and interfering with federal officers.” McIver pleaded not guilty at her arraignment.According to the DOJ, the maximum potential sentence combining the counts could reach 17 years.
McIver’s defense argues that she was performing her official duty as a member of Congress carrying out an unannounced oversight visit—a right Congress possesses under federal law governing DHS facilities. She contends the charges are politically motivated and intended to intimidate lawmakers challenging administration immigration policy. On the other side, prosecutors emphasize that federal agents should be protected when performing their duties, regardless of a person’s status.
The case is unusual in that it involves a sitting member of Congress being criminally charged for actions outside corruption or ethics violations—here tied to immigration-enforcement oversight and law-enforcement interaction. As the legal process unfolds, key questions include: the scope of legislative oversight rights vs. law-enforcement authority, the interpretation of “interfering” with federal officers in a dynamic oversight environment, and whether political considerations played a role. A trial date has been set for November 10, 2025.
