LaMonica McIver Gives an Update on Consequences She May Face, and People Have Thoughts

You may recall the story of Democrat Rep. LaMonica McIver (NJ-10) and her adventure at Delaney Hall, the Immigration and Customs Enforcement (ICE) detention facility in Newark, New Jersey. 

She ended up facing charges.

The case stems from a May 9, 2025, visit McIver made to Delaney Hall in Newark alongside Reps. Rob Menendez and Bonnie Watson Coleman. While the three members of Congress were waiting to tour the jail, federal agents moved to arrest Newark Mayor Ras Baraka, who was also at the detention center that day, for trespassing. A chaotic scene resulted, and prosecutors allege McIver assaulted federal agents during the melee.

While Baraka’s trespassing charge was quickly dropped, McIver was indicted on two felony counts and one misdemeanor in June 2025. She faces up to 17 years in prison if convicted. She has pleaded not guilty.

The other members of Congress were not charged. 

McIver later tried to get the charges dismissed. McIver argued that the Constitution’s “speech or debate” clause should apply and shield her actions as a lawmaker.

But in August, as we reported, the U.S. Court of Appeals for the Third Circuit rejected that argument for two of the three charges and remanded the third count to the trial court for further review. 

McIver took to X on Thursday to complain about her situation. She contends the charges are unfounded. 

I am facing 17 years in federal prison for doing my job and standing up to Trump’s merciless immigration enforcement campaign. I am finding the strength to keep standing up every single day.https://t.co/1S2FO6wfQO

— Rep. LaMonica McIver (@RepLaMonica) September 24, 2026

"I am facing 17 years in federal prison for doing my job and standing up to Trump’s merciless immigration enforcement campaign. I am finding the strength to keep standing up every single day," she griped. 

She was then inundated for that post on X, with many pointing out that the charges were because of alleged actions against the federal agents, and argued that differed from "oversight." 

Many also noted the Democrats' common saying.

No one is above the law. https://t.co/qyg51jRutt

— AAE (@AAC0519) September 25, 2026

Also, Trump's "immigration enforcement" isn't "merciless"; he's enforcing the law that ICE has been charged with enforcing. If Congress wants to change the law, then it should try to change it; that's its responsibility, if the members choose to make changes. But until that point, he should enforce it. 

But McIver seems to want you to think she's "stunning and brave," standing up to the horrible Trump "every single day." Most on X disputed any thought that she was a victim here. 

It should also be noted that, while 17 years is the technical maximum, it's unlikely it would come to that. Sentences on charges from the same event generally are imposed to run concurrently, and I doubt she would get the maximum, even if she were convicted, especially if she has no prior record. 

The picture/story she posted also indicated that she was eight months pregnant. 

So it remains to be seen what the result of the case will be, but we will keep you informed. 

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