New Jersey Rep. LaMonica McIver pleaded not guilty Wednesday to federal charges alleging she assaulted and obstructed immigration officers during a recent visit to a U.S. Immigration and Customs Enforcement (ICE) facility.
“They will not intimidate me, they will not stop me from doing my job, I will continue to do what the people of the 10th Congressional District elected me to do,” McIver said to supporters outside a Federal Courthouse in Newark.
Rep. McIver was indicted on three counts, including assaulting, resisting, impeding and interfering with federal officers. According to the Associated Press, two of those charges carry a maximum sentence of up to eight years in prison. The third is a misdemeanor, with a maximum penalty of one year behind bars.
McIver, a Democrat, was charged by interim U.S. Attorney Alina Habba, a Republican appointed by President Donald Trump who previously served as his attorney. The charges stem from McIver’s May 9 visit to Delaney Hall, a privately run ICE facility in Newark. Habba’s involvement has drawn criticism from Democrats, who accuse the Trump administration of politicizing federal prosecutions.
As ESSENCE previously reported, McIver visited the ICE facility with fellow New Jersey Democratic Representatives. Bonnie Watson Coleman and Rob Menendez. Members of Congress are legally authorized to enter federal immigration facilities without advance notice as part of their oversight duties.
The visit escalated when Newark Mayor Ras Baraka, who had been invited by the lawmakers, was ordered to leave by a federal officer. Prosecutors claim McIver attempted to block the mayor’s removal, “slamming her forearm” into one officer and striking another.
Video released by the Department of Homeland Security shows McIver among those shouting for people to “circle the mayor” during the encounter. At one point, her elbows seem to touch an officer, but it’s unclear whether that was deliberate or just a result of moving through the crowded space.
McIver has denied wrongdoing and said last month that she rejected a plea deal because she was being asked “to admit to doing something that I did not do.”
“Rep. McIver has confidently entered her official plea: not guilty,” said spokesperson Hanna Rumsey in a statement shared with ESSENCE. “She is crystal clear that she will not back down as leaders across this country are targeted for speaking up.
“These charges have always been about politics and Rep. McIver will not be deterred from doing the work the people of New Jersey elected her to do,” Rumsey added. “The Congresswoman will not fold.”
The trespassing charge filed against Mayor Baraka was later dismissed. A federal judge called the mayor’s arrest a “worrisome misstep” by Habba’s office.
U.S. District Judge Jamel Semper has scheduled McIver’s trial for Nov. 10, according to the Associated Press.