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N.J. Rep. LaMonica McIver pleads not guilty to federal assault charges

N.J. Rep. LaMonica McIver pleads not guilty to fed assault charge
N.J. Rep. LaMonica McIver pleads not guilty to fed assault charge 02:01

New Jersey Rep. LaMonica McIver pleaded not guilty Wednesday on charges of assaulting, impeding and interfering with law enforcement related to a clash at the ICE detention facility at Delaney Hall in Newark. 

McIver's supporters, including Newark Mayor Ras Baraka and immigrants rights groups, rallied outside of federal court in Newark to call for the charges to be dropped. They cheered when she walked out after pleading not guilty. 

If convicted, she faces eight years in prison.

"They will not intimidate. They will not stop me from doing my job. I will continue to do what the people on the 10th Congressional District elected me to do," McIver said. 

"Congresswoman McIver pleaded not guilty because she is not guilty. On May 9, she was at Delaney Hall to carry out her responsibilities as Member of Congress. She was there to inspect an ICE detention facility and to see for herself whether the Trump administration is obeying the laws and Constitution of the United States. ICE responded by creating a risky and dangerous situation, and now the Justice Department is doubling down by trying to punish the Congresswoman for doing her job," McIver's attorney Paul Fishman said. "We are eager to challenge this case on multiple grounds and we are confident that the legal process will ultimately vindicate the Congresswoman."  

"We did not go there to protest. We did not go there for any of that. We went there to make sure this facility was up to par, and that detainees there were given due process," McIver said. 

McIver is facing charges for the same May incident which resulted in Newark Mayor Ras Baraka's arrest, although trespassing charges against Baraka have since been dropped

Interim New Jersey U.S. Attorney Alina Habba has nonetheless moved forward with the charges against McIver

"I'm not going to let these thieves, these thieves steal her dream from her," Baraka said. 

CBS News New York reached out to the office of the U.S. Attorney for New Jersey comment on Wednesday's proceedings, and so far have not heard back. 

What happened at Delaney Hall

Back in May, McIver was with Baraka and two other members of Congress to conduct federal oversight of Delaney Hall, a 1,000-bed facility that ICE is using as a detention center. The facility has been the site of numerous protests over conditions there, and Baraka has challenged the federal government over it, saying the facility lacked the proper permits to reopen be put to use.

The Department of Homeland Security initially claimed the group of lawmakers came "storming into [the] detention facility" as part of a "bizarre political stunt." A scuffle ensued, resulting in Baraka's arrest. 

McIver was charged after a DHS agent alleged in an affidavit she and others attempted to stop Baraka's arrest by forming a human shield around him, and that she "slammed her forearm into the body" of a uniformed agent and "reached out and tried to restrain" the agent from grabbing Baraka. 

In  by DHS, McIver, wearing a red jacket, can be seen along the Delaney Hall fence as Baraka is being arrested. As the group of protesters and law enforcement start to brush up against each other, McIver is spotted using her elbows to move herself past an officer.

In the days since the incident, a group of detainees broke out of the facility through a hole in the wall. Almost all have been recaptured, though one remains at large. 

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