Alina Habba, interim U.S. attorney for New Jersey and former Trump lawyer, announced on social media that Democratic Congresswoman LaMonica McIver has been charged in a May 9 scuffle at an Immigration and Customs Enforcement (ICE) detention center.

The charges prompted Democratic Congressman Eric Swalwell of California to warn that the Trump administration “has crossed a red line.”

Newsweek reached out to Habba’s office via email for additional comment on Monday.

Why It Matters

President Donald Trump has prioritized illegal immigration as a key pillar during his second term in office. His administration’s push for mass deportations, however, have been getting held up in courts nationwide.

Within the first 100 days of his second term, the president invoked the Alien Enemies Act, granting him authority to deport and detain noncitizens. The implementation was originally blocked in court.

Recently, deportations involving families and children have come back into question, as the Department of Homeland Security (DHS) has defended its practices, saying in part that “rather than separate their families, ICE asked the mothers if they wanted to be removed with their children or if they wanted ICE to place the children with someone safe the parent designates.”

What To Know

Ten days ago, Newark Democratic Mayor Ras Baraka and three local Democratic members of Congress, including McIver, were seen outside Delaney Hall, an ICE detention center in Newark, New Jersey, urging federal officials to allow them inside to observe conditions.

Baraka accused the operator of Delaney—Geo Group—of inspection violations and breaking city law, while Habba accused Baraka of committing trespass and ignoring multiple warnings from DHS. He was then taken into custody after the confrontation.

Videos outside the detention center show a loud scuffle unfold that day, ultimately leading to Baraka’s detainment, according to Axios reporter Andrew Solender.

Baraka’s charges were dismissed on Monday, and in a post on X, formerly Twitter, he said that he was “glad,” but also noted McIver’s new legal problem. Baraka said that he stands with McIver, adding that he fully expects her to be “vindicated.”

Meanwhile, in a post to X on Monday, Swalwell ripped Habba and the Trump administration: “A RED LINE has been crossed. Trump is prosecuting his political enemies in Congress.”

Swalwell continued, “This is just the beginning. We must take whatever we’ve done before to show dissent and go ONE RUNG HIGHER. And save your bull**** documents on this, Alina. You’ll need them when you testify.”

Habba said that McIver has been charged with assaulting, impeding and interfering with law enforcement.

DHS Secretary Kristi Noem said the charges were announced after a “thorough review of the video footage of Delaney Hall and a full investigation from HSI [Homeland Security Investigations], the U.S. Attorney for the District of New Jersey has made the determination to charge Congresswoman LaMonica McIver for assaulting, resisting, and impeding law enforcement officers.”

McIver reacted to the charges Monday night, calling them “purely political.”

McIver continued in part, saying, “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.”

What People Are Saying

Paul J. Fishman, partner at Arnold & Porter and counsel for McIver, in an emailed statement to Newsweek on Monday: “The decision to charge Congresswoman McIver is spectacularly inappropriate.”

Fishman continued:”She went to Delaney Hall to do her job. As a member of Congress, she has the right and responsibility to see how ICE is treating detainees. Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos. This prosecution is an attempt to shift the blame for ICE’s behavior to Congresswoman McIver. In the courtroom, facts – not headlines – will matter.”

New Jersey Democratic Governor Phil Murphy posted to X on Monday: “Members of Congress have an explicit right under the law to inspect ICE and CBP [U.S. Customs and Border Protection] facilities for the purpose of conducting oversight. It is outrageous for a Congresswoman to be criminally charged for exercising her lawful duty to visit a detention site in her own district.”

Democratic Congressman Gerald Connolly of Virginia, in a statement to Newsweek via email on Monday: “I stand with Congresswoman McIver and stand by her constitutional duty to conduct responsible oversight as a representative of the people of Newark.

“This Administration’s unprecedented attempts to silence opposition, scare people into submission, and seize more power is a brazen assault on our nation’s separation of powers and the very foundation of our democratic republic,” Connolly said.

Concluding, the Virginia lawmaker said: “We find ourselves as a Congress and a nation at a consequential inflection point: Will we stand by as one branch of government illegally tramples the rights of another and those of the people we were elected to represent? Or will we unite with clarity and moral outrage against these politically motivated charges designed to intimidate those who would speak out against the unlawful and corrupt atrocities of this President and Administration. House Democrats will not backdown.”

Democratic Senator Cory Booker of New Jersey posted to X on Monday: “These charges are clearly unfounded. Representative McIver was exercising her legally protected authority as a member of Congress to conduct oversight of a detention center that receives millions of taxpayer dollars.”

Booker added, “Federal officials unnecessarily escalated what should have been a run-of-the-mill inspection of the facility. In fact, Representative McIver’s actions were so unremarkable that she was invited back inside to finish her tour that day, after these events took place.

“Pursuing this case against Representative McIver will divert considerable resources away from serious matters of public safety. The Department of Justice should drop these charges immediately,” Booker concluded.

What Happens Next

According to the House code, the charges leveled against McIver could carry punishment of up to three years in prison, up to a $5,000 fine, or both, upon conviction.

Update 05/19/25, 10:59 p.m. ET: This article has been updated with additional information.