Trespassing charges against Newark mayor Ras Baraka dropped following ICE visit

Trespassing charges levied against Newark mayor and New Jersey governor candidate Ras Baraka for visiting an immigration detention center have been dropped, U.S. Attorney for New Jersey Alina Habba said in statement posted on X Monday night.

Baraka — a Democrat who has been building a solid national profile amid a crowded primary field — was arrested earlier this month while attempting to join several members of Congress on a May 9 visit to Delaney Hall, a Newark prison that was recently converted into a privately run federal immigration detention center. Baraka had spent the week of his arrest protesting the detention’s center opening, but was denied entry by federal guards that Friday, sparking a heated argument that has since gone viral on social media.

“After extensive consideration, we have agreed to dismiss Mayor Baraka’s misdemeanor charge of trespass for the sake of moving forward,” Habba said in the statement before going on to invite Baraka on a personal tour of the facility.

“The government has nothing to hide at that facility,” Habba said.

» READ MORE: Ras Baraka’s arrest thrust him into the national spotlight as voters make up their mind in the N.J. governor’s race

Baraka’s dismissal came as Habba has announced charges against Rep. LaMonica McIver (D-N.J.), who has represented parts of Newark, Jersey City, and several towns in Union and Essex counties in Congress since 2024.

LaMonica was accompanied by Reps. Bonnie Watson Coleman (D-N.J.) and Rob Menendez (D-N.J.) on what should’ve been a standard oversight visit when federal officers began prodding at Baraka, prompting the lawmakers to form a barricade around the mayor.

From there, a heated altercation ensued, according to video and body camera footage of the incident. At one point, reports the New York Times, McIver can be heard screaming at officers, “Ma’am, he just assaulted me.”

Habba’s statement refutes this characterization.

McIver “assaulted, impeded, and interfered with law enforcement,” Habba said. “That conduct cannot be overlooked by the chief federal law enforcement official in the State of New Jersey.”

» READ MORE: Ras Baraka’s arrest draws strong partisan reactions as his N.J. primary opponents call for his release

Habba claims in the statement that she offered McIver “every opportunity to come to a resolution” before bringing criminal charges, but McIver declined them.

McIver, meanwhile, has maintained that federal officials were the ones interfering in normal government business.

“We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should’ve been peaceful and short. Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka,” McIver posted on X Monday night after she was charged.

“The charges against me are purely political — they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight," McIver’s statement went on.

Democratic lawmakers — and Baraka’s competition for governor — have come out in staunch support of the lawmakers while Republican politicians have floated consequences that include censure.

“It is outrageous for a Congresswoman to be criminally charged for exercising her lawful duty to visit a detention center in her own district,” wrote New Jersey Gov. Phil Murphy.

Rep. Andy Kim (D-N.J.) also reiterated McIver’s right to be at the facility. “The decision by the US Attorney to charge [McIver] has nothing to do with enforcing the law, and everything to do with this administration’s attempt to intimidate those who dare speak against them or expose the truth,” Kim posted on X Monday night. “Congresswoman McIver was in the process of conducting oversight, which is her right and responsibility.”

Led by Rep. Hakeem Jeffries (D-N.Y.), Democratic leadership in the House of Representatives called McIver’s charges “extreme, morally bankrupt, and [lacking] in any basis in law or fact.”

“By visiting the detention center in Newark, Rep. McIver and two other Members of Congress were upholding their oath of office. ... There is no credible evidence that Rep. McIver engaged in any criminal activity,” the House Democrats said in their statement. “Everyone responsible for this illegitimate abuse of power is going to be held accountable.”

Immigration officers are not allowed to bar members of Congress from visiting detention centers, according to a section of a United States Immigration and Customs Enforcement manual. Earlier this month, Department of Homeland Security officials acknowledged that members of Congress have a right to show up to these facilities unannounced for inspections as long as they provide identification.

“No one is above the law — politician or otherwise," wrote Habba. “Now we will let the justice system work.”