Rep. LaMonica McIver, who is pregnant and potentially facing up to 17 years in prison stemming from her advocacy for people detained in a New Jersey Immigration and Customs Enforcement detention center, continues to fight federal assault charges.
Her most recent appeal – related to an altercation with a Department of Homeland Security agent during a May 2025 visit to Delaney Hall – comes amid widespread condemnation of the conditions in Delaney Hall. Edwin Lopez-Carnejo, a 41-year-old El Salvadorian immigrant, died there last week.
“Reports that another person has died in ICE custody at Delaney Hall are heartbreaking and deeply disturbing—but tragically, they’re not unexpected. This is a pattern of abuse and neglect,” McIver said in a statement on August 3.
“I know about Delaney Hall and I know that cruelty is at its core. Even after the deaths, violence, abuse, and mistreatment of those inside, Republican leaders, even in our own state, deny the truth and refuse to act. Anyone who doesn’t see these heinous acts for what they are is choosing to do so.”
Significance. McIver first started speaking out against the conditions in Delaney Hall in May 2025, visiting the detention center with other New Jersey Democratic government officials, including Newark Mayor Ras Baraka, Rep. Bob Menendez, and Rep. Bonnie Watson Coleman.
During an unannounced oversight inspection of Delaney Hall on May 9, 2025, Baraka was arrested by Department of Homeland Security agents. It led to a physical altercation that involved McIver and the other New Jersey delegates.
The Department of Justice claims that McIver physically assaulted DHS agents. They charged her with a three-count indictment in June 2025.
The Department of Justice initially charged Baraka with trespassing for his participation in the visit to Delaney Hall, but his charges were quickly dismissed.
Power Structure. The federal criminal charges were brought by then New Jersey U.S. Attorney Alina Habba, a former personal lawyer for President Donald Trump.
Although President Trump denies that the charges are part of a personal political attack against the Democratic lawmaker, he stated that the charges were brought because she was “out of control” and that the “days of woke are over.”
What Victims Say. McIver argues that the confrontation was part of a Congressional oversight visit that is protected by federal law and allows lawmakers the ability to conduct oversight visits of detention centers without notice.
The case is currently in the Third Circuit Court of Appeals. Oral arguments were heard on June 24, and a decision has not yet been announced.
“The bottom line is that we are in the second stretch of this fight against the Trump administration, and it is clearly what we said from the beginning: This is about weaponizing the Department of Justice to do their personal vendetta bidding against people that they don’t like,” McIver said after the arguments. “And I’m one of those people on that list for showing up to do exactly what I’ve been saying that I did, which was to: do my job and have oversight.”
