Democrat LaMonica McIver Charged: What Punishments Could She Face?
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
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Representative LaMonica McIver has been charged with allegedly assaulting, resisting, and impeding law enforcement officers following an incident outside of an Immigration and Customs Enforcement (ICE) facility in New Jersey.
McIver, the Democratic representative for New Jersey's 10th congressional district, was charged after protesting the arrest of Newark Mayor Ras Baraka on May 9. He was initially arrested for trespassing, but his charges have now been dropped.
The Justice Department (DOJ) and Department of Homeland Security (DHS) had offered a plea deal to the representative prior to pressing charges, but she declined.
If convicted, Representative McIver could face up to one year in prison and/or a fine, as she is accused of violating Title 18 of the United States Code, Section 111(a)(1).
Representative McIver and the New Jersey DOJ have been contacted via email for further comment.
Rep. LaMonica McIver, D-N.J., demanding the release of Newark Mayor Ras Baraka after his arrest while protesting outside an ICE detention prison, May 9, 2025, in Newark, N.J.
Rep. LaMonica McIver, D-N.J., demanding the release of Newark Mayor Ras Baraka after his arrest while protesting outside an ICE detention prison, May 9, 2025, in Newark, N.J.
Angelina Katsanis, File/AP Photo
Why It Matters
McIver is the first federal representative arrested by the Trump administration over their immigration agenda. Her arrest comes after two judges were arrested for ICE-related incidents.
What To Know
Video footage of Congresswoman McIver's arrest shows her being surrounded by law enforcement outside of the Delaney Hall ICE facility in Newark, New Jersey. In the footage of the chaotic melee, she appears to elbow a law enforcement officer beside her.
It is unclear at this time whether this elbow will be the only evidence for the representative allegedly assaulting a police officer.
When announcing the charges on X (formerly Twitter), Department of Homeland Security (DHS) Secretary Kristi Noem said: "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. "
Video shared w/ @Axios of the moment Newark Mayor Ras Baraka was arrested: https://t.co/Spvhs7LygX pic.twitter.com/AEUXmmSmbk — Andrew Solender (@AndrewSolender) May 9, 2025
McIver, on the other hand, has said her charges are "purely political," and that she looks forward to "the truth being laid out clearly in court."
Litigator and former Senate legislative assistant, Jeremy Bates, told Newsweek: "Ethical prosecutors refrain from bringing charges that are not supported by probable cause. Here, the Mayor of Newark was charged with trespassing. Days later, DOJ dropped that charge. These facts do not inspire confidence."
This sentiment was echoed by attorney and ethics expert Norm Eisen who told an MSNBC panel that her charges will ultimately be rejected by a court as "the process is the punishment." Meaning, the charges will not hold, but the Trump administration is trying to make an example of her by bringing her to court.
A key segment of Project 2025, which President Donald Trump distanced himself from throughout his campaign, is creating a closer and more symbiotic relationship between the President and the DOJ.
The DOJ mission statement says the Department serves to "uphold the rule of law, to keep our country safe, and to protect civil rights."
Although it is supposed to be independent of the President, under the Trump administration, the Department has been using its extensive litigious reach to arrest people who they perceive to be acting against the President's agenda.
What People Are Saying
Jeremy Bates told Newsweek: "Before charging anyone with a federal crime, a DOJ lawyer should ask, would this prosecution be in the interest of my true client, the American people? Or is it an act of presidential malice?"
Secretary Kristi Noem on X (formerly Twitter): "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."
Representative McIver on X: "These charges against me are purely political — 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's right."
What Happens Next
Representative McIver will have the opportunity to plead her case in a New Jersey court.
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