Black Pregnant Congresswoman Could Face Prison for Challenging ICE

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ICE, Delaney, Rep. LaMonica McIvers
Left: Rep. LaMonica McIver at Delaney Detention Center. Video Still/Democracy, Now!

“I’m a young Black woman from the City of Newark. I think they thought they could break me, that it would be an easy target. This administration has been going after many Black women on different fronts.”

Editor’s note: This story is from news stories and interviews with Congresswoman LaMonica McIver (D-NJ) about the U.S. government’s indictment against her for an incident that occurred when she and other officials attempted a prison inspection at the infamous Delaney Detention Center in Newark, New Jersey in May of 2025. The detention center, which is in the 10th Congressional District of New Jersey, which McIver represents, is a private prison run by the GEO Group under contract with ICE. As a result of a chaotic scene that occurred when federal agents attempted to keep the delegation from entering the prison, Congresswoman McIver, who is pregnant, faces 17 years in prison if convicted of the assault charges against her.

The Congresswoman filed an appeal to dismiss the charges on the grounds of Congressional immunity, but, on August 26 of this year, a divided U.S. Court of Appeals for the Third Circuit rejected her appeal. Not since 1799 have such charges been brought against a House member.  Paul J. Fishman, McIver’s attorney, told the New Jersey Monitor that McIver’s team is evaluating their next step. “It is too dangerous if the Departments of Justice and Homeland Security are able to thwart members of Congress from inspecting an ICE detention facility, create chaos, and then prosecute those members and pretend it was their fault,” Fishman said. “The goal of the administration is clear: chill members of Congress from overseeing the actions of the Trump administration.”

In a Democracy, Now! interview, the Congresswoman said officials decided to inspect Delaney Hall after they had gotten a lot of calls. She said people were not getting enough food, some said they were starving. And last year, a 42-year-old, a Haitian immigrant who was completely healthy before going to this facility, died within 24 hours of being at this facility. Also, the mayor of the city had said that the prison was not cooperating with city guidelines. “And so, we’re like, ‘Hey, we need to go here and check this place out,’” McIver said. The Congresswoman clarified that members of Congress have the right to inspect detention centers, and can show up to any ICE facility for an inspection, unannounced.

“And so we showed up to have our oversight visit and we were met with an army of ICE agents, folks from DHS (Department of Homeland Services). I had never experienced anything like this when we went to another facility to inspect. It was a complete nightmare with them basically trying to restrict us from having oversight of this facility. . . And so, they created a whole fiasco, unlawfully arresting the mayor for trespassing after they let him into the gate. I mean, it was just a nightmare.”

Then ten days later the government dismissed the charges against the mayor and indicted Congresswoman McIver.

“I was there to do my job, to conduct oversight along with two of my other colleagues. I’m not going to stop doing what I’m supposed to be doing, and what the people of the 10th Congressional District here in New Jersey elected me to do. And that is to protect them and hold this administration accountable.”

The Congresswoman has racked up close to a million dollars in legal fees in the process of trying to defend herself against the charges. “It doesn’t cost them anything because they’re using taxpayer dollars. But I think what it does is it inserts fear in other leaders to step up and hold the administration accountable. It’s intimidation, it’s bullying, and they’re just using me as a tool to do so.”

Interviewers at MS NOW asked the Congresswoman why she is being forced to carry this burden. She said, “I’m a young Black woman from the City of Newark. I think they thought they could break me, that it would be an easy target. This administration has been going after many Black women on different fronts.”

When asked by MS NOW about reports that not one Democratic leadership has come to court with her, she said she is thankful for those who are totally engaged in this fight, adding that she wishes she could get more support. “This is a fight for all of us on behalf of the people we represent,” she said.

The People’s Tribune encourages our readers to stand with others against the witch hunt being waged against another influential, fearless Black woman, a leader who is standing up for us all. White women in particular are needed. If the administration is successful against this representative, they will have the green light to go after not just members of Congress who stand up, but anyone.

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The People’s Tribune opens its pages to voices of the movement for change. Our articles are written by individuals or organizations, along with our own reporting. Bylined articles reflect the views of the authors. Articles entitled “From the Editors” reflect the views of the editorial board. Please credit the source when sharing: peoplestribune.orgPlease donate to help us keep bringing you voices of the movement for change. Click here. We’re all volunteer, no paid staff. The People’s Tribune is a 501C4 organization.

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