Federal prosecutors alleged Democratic Rep. LaMonica McIver of New Jersey pushed and grabbed officers while attempting to block the arrest of the Newark mayor outside an immigration detention facility, according to charges in court papers unsealed on Tuesday.
In an eight-page complaint, interim U.S. Attorney Alina Habba's office said McIver was protesting the removal of Newark Mayor Ras Baraka from a congressional tour of the Delaney Hall detention center in Newark on May 9.
The complaint says she attempted to stop the arrest of the mayor and pushed into agents for Homeland Security Investigations and Immigration and Customs Enforcement. She faces two counts of assaulting, resisting and impeding an officer.
McIver has denied any wrongdoing and has accused federal agents of escalating the situation by arresting the mayor. She denounced the charge as “purely political” and said prosecutors are distorting her actions in an effort to deter legislative oversight.
Habba had charged Baraka with trespassing after his arrest but dismissed the allegation on Monday when she said in a social media post she instead was charging the congresswoman.
Prosecuting McIver is a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption.
The case instantly taps into a broader and more consequential struggle between a Trump administration engaged in overhauling immigration policy and a Democratic party scrambling to respond.
Within minutes of Habba’s announcement, McIver’s Democratic colleagues cast the prosecution as an infringement on lawmakers’ official duties to serve their constituents and an effort to silence their opposition to an immigration policy that helped propel the president back into power but now has emerged as divisive fault line in American political discourse.
Members of Congress are authorized by law to go into federal immigration facilities as part of their oversight powers, even without advance notice. Congress passed a 2019 appropriations bill that spelled out the authority.
A nearly two-minute clip released by the Homeland Security Department shows McIver on the facility side of a chain-link fence just before the arrest of the mayor on the street side of the fence. She and uniformed officials go through the gate and she joins others shouting they should circle the mayor. The video shows McIver in a tightly packed group of people and officers. At one point her left elbow and then her right elbow push into an officer wearing a dark face covering and an olive green uniform emblazoned with the word “Police” on it.
It isn’t clear from bodycam video whether that contact was intentional, incidental or a result of jostling in the chaotic scene.
The complaint says she “slammed” her forearm into an agent and then tried to restrain the agent by grabbing him.
Tom Homan, President Donald Trump's top border adviser, said during an interview on Fox News Tuesday “she broke the law and we’re going to hold her accountable”
“You can’t put hands on an ICE employee. we’re not going to tolerate it," he said.
House Democratic leaders decried the criminal case against their colleague in a lengthy statement, calling the charge “extreme" and "morally bankrupt” and lacking “any basis in law or fact.
On Tuesday Democratic lawmakers pushed back against the charges.
New Jersey Democratic Rep. Frank Pallone called the arrest “outrageous” and said the lawmakers “were met by unidentified masked agents with loaded weapons, and now they face charges? The department of justice and ICE are weaponizing this place.”
Homeland Security Secretary Kristi Noem said Tuesday during a Congressional hearing that lawmakers can conduct oversight but accused those who visited the Newark detention facility of showing up with a “mob” intending to break in and attack law enforcement.
New Jersey Rep. Bonnie Watson Coleman, who along with Rep. Rob Menendez had joined McIver at the detention center, told reporters Tuesday that her and Menendez’s attorneys are scheduled to meet Wednesday with Habba's office.
“That’s the first contact that we’ve actually had from her so we don’t know what she has intended, but we’re ready for whenever it might be," she said.
Watson Coleman added that Habba’s office has indicated that charges are still on the table.
“It’s a possibility and it may be a probability. We shall see,” she said.
A message seeking comment Tuesday was left with Habba's office.
McIver, 38, first came to Congress in September in a special election after the death of Rep. Donald Payne Jr. left a vacancy in the 10th District. She was then elected to a full term in November. A Newark native, she served as the president of the Newark City Council from 2022 to 2024 and worked in the city’s public schools before that.
Associated Press writers Matt Brown, Joey Cappelletti and Rebecca Santana in Washington contributed.
Rep. LaMonica McIver, center, demands the release of Newark Mayor Ras Baraka after his arrest while protesting outside an ICE detention prison, Friday, May 9, 2025, in Newark, N.J, (AP Photo/Angelina Katsanis)
Congresswoman Rep. LaMonica McIver, D-N.J., exits the grounds at Delancey Hall ICE detention prison, Friday, May 9, 2025, in Newark, N.J, (AP Photo/Angelina Katsanis)
NEW YORK (AP) — No quick dispatching of disease investigators. No televised news conference to inform the public. No timely health alerts to doctors.
In the midst of a hantavirus outbreak that involves Americans and is making headlines around the world, the U.S. government's top public health agency, the Centers for Disease Control and Prevention, has been uncharacteristically missing in action, according to a number of experts.
To President Donald Trump, "We seem to have things under very good control," as he told reporters Friday evening.
To experts, the situation aboard a cruise ship has not spiraled because, unlike COVID-19 or measles or the flu, hantavirus does not spread easily. It has been health experts in other countries, not the United States, who have been dealing primarily with the outbreak in the past week.
“The CDC is not even a player," said Lawrence Gostin, an international public health expert at Georgetown University. “I've never seen that before.”
Not until late Friday did CDC actions accelerate.
Health officials confirmed the deployment of a team to Spain's Canary Islands, where the ship was expected to arrive early Sunday local time, to meet the Americans onboard. They said a second team will go to Offutt Air Force Base in Nebraska as part of a plan to evacuate American passengers from the ship to a quarantine center. Also, the CDC issued its first health alert to U.S. doctors, advising them of the possibility of imported cases.
The CDC's diminished role in this outbreak is an indicator the agency is no longer the force in international health or the protector of domestic health that it once was, some experts said.
The hantavirus outbreak is “a sentinel event” that speaks to “how well the country is prepared for a disease threat. And right now, I’m very sorry to say that we are not prepared,” said Dr. Jeanne Marrazzo, chief executive officer of the Infectious Diseases Society of America.
Early last month, a 70-year-old Dutch man developed a feverish illness on a cruise ship traveling from Argentina to Antarctica and some islands in the South Atlantic. He died less than a week later. More people became sick, including the man's wife and a German woman, who both died.
Hantavirus was first identified as a cause of sickness of one of the cases on May 2. The World Health Organization swung into action and by Monday was calling it an outbreak. About two dozen Americans were on the ship, including about seven who disembarked last month and 17 who remained on board.
For decades, the CDC partnered with the WHO in such situations. The CDC acted as a mainstay of any international investigation, providing staff and expertise to help unravel any outbreak mystery, develop ways to control it and communicate to the public what they should know and how they should worry.
Such actions were a large reason why the CDC developed a reputation as the world's premier public health agency.
But this time, the WHO has been center stage. It made the risk assessment that has told people the outbreak is not a pandemic threat.
“I don’t think this is a giant threat to the United States,” said Jennifer Nuzzo, director of Brown University’s Pandemic Center. But how this situation has played out “just shows how empty and vapid the CDC is right now,” she said.
The current situation comes after 16 tumultuous months during which the Trump administration withdrew from the WHO, has restricted CDC scientists from talking to international counterparts at times and embarked on a plan to build its own international public health network through one-on-one agreements with individual countries.
The administration has laid off thousands of CDC scientists and public health professionals, including members of the agency's ship sanitation program.
As this was playing out, Trump's health secretary, Robert F. Kennedy Jr., said he was working to “restore the CDC’s focus on infectious disease, invest in innovation, and rebuild trust through integrity and transparency.”
The CDC has not been completely silent on hantavirus.
The agency on Wednesday issued a short statement that said the risk to the American public is “extremely low,” and described the U.S. government as “the world’s leader in global health security.”
Said Nuzzo: “Not only was that not helpful, it actually does damage because a core principle of public health communications is humility.”
The CDC's acting director, Dr. Jay Bhattacharya, posted a message on social media that the agency was lending its expertise in coordinating with other federal agencies and international authorities. Arizona officials this week said they learned from the CDC that one of the Americans who left the ship — a person with no symptoms and not considered contagious — had already returned to the state. WHO officials said the CDC has been sharing technical information.
The CDC also is “monitoring the health status and preparing medical support for all of the American passengers on the cruise,” Bhattacharya wrote.
But federal health officials have mostly been tight-lipped, declining interview requests.
In interviews this week, some experts made a comparison with a 2020 incident involving the Diamond Princess, a cruise ship docked in Japan that became the setting of one of the first large COVID-19 outbreaks outside of China.
The CDC sent personnel to the port, helped evacuate American passengers, ran quarantines, shared genetic data on the virus, coordinated with the WHO and Japan, held public briefings and rapidly published reports “that became the world’s reference data on cruise ship COVID transmission,” said Dr. Tom Frieden, a former CDC director.
Some aspects of the international response to the Diamond Princess were criticized, and it did not halt the outbreak or stop COVID-19’s spread across the world. But some experts say it was not for the CDC's lack of trying.
“The CDC was right on top of it, very visible, very active in trying to manage and contain it,” Gostin said, while the agency's work now is delayed and subdued.
Instead of working with nearly all of the world's nations through the WHO, the Trump administration has pursued bilateral health agreements with individual nations for information sharing, public health support, and what it describes as “the introduction of innovative American technologies.” Roughly 30 agreements are currently in place.
That's not sufficient, Gostin said. “You can't possibly cover a global health crisis by doing one-on-one deals with countries here and there,” he said.
Associated Press writers Ali Swenson in New York, Darlene Superville in Washington and Susan Montoya Bryan in Albuquerque, New Mexico, contributed to this report.
The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.
Passengers on the the hantavirus-stricken cruise ship, MV Hondius, watch epidemiologists board the boat in Praia, during their voyage to Spain's port of Tenerife, May 6, 2026. (AP Photo)
Workers set up temporary shelters in the area where passengers from the MV Hondius cruise ship are expected to arrive at the port of Granadilla in Tenerife, Canary Islands, Spain, Saturday, May 9, 2026. (AP Photo/Manu Fernandez)
Crew members of the hantavirus-stricken cruise ship, MV Hondius, wait their turns for a first interview with epidemiologists, during the voyage to Spain's port of Tenerife, May 6, 2026. (AP Photo)
Health workers in protective gear evacuate patients from the MV Hondius cruise ship into an ambulance at a port in Praia, Cape Verde, Wednesday, May 6, 2026. (AP Photo/Misper Apawu)
A Spanish Civil Guard officer inspects the area where passengers from the MV Hondius cruise ship are expected to arrive at the port of Granadilla in Tenerife, Canary Islands, Spain, Saturday, May 9, 2026. (AP Photo/Manu Fernandez)
