NEWARK, N.J.—In a major victory for democracy, the Trump administration has been forced to drop its trespassing charges against Newark Mayor Ras Baraka. Intended to chill resistance, the charges were leveled against the mayor following his illegal arrest as punishment for attempting to inspect Delaney Hall, the largest immigrant detention center on the east coast.
On Friday, May 9, Baraka and three local Congressional representatives—Reps. LaMonica McIver, Bonnie Watson Coleman, and Rob Menendez, Jr.—attempted to enter the facility to check its operations.
With the case against Baraka dropped, Trump has pivoted to filing charges against McIver, a Black woman, for “assaulting” the Immigration and Customs Enforcement (ICE) agent who arrested Baraka. As members of Congress, she and the other representatives have the authority to inspect federal facilities or those under contract to the federal government unannounced.
McIver was part of the group that surrounded Baraka at the time of his arrest, placing herself between him and the ICE agent.
“We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short,” McIver said in a response to the accusations by Trump officials.
“The charges against me are purely political—they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.… I am thankful for the outpouring of support I have received and I look forward to the truth being laid out clearly in court.”
Delaney Hall, the facility Baraka, McIver, and the others were inspecting, is a private, for-profit immigrant detention center owned by the multi-billion-dollar GEO Group. The private prison corporation began operations illegally without a certificate of occupancy from the City of Newark and in violation of a statewide ban against private detention centers. The latter measure is currently being challenged in the courts.
GEO Group was the first big business to max out on financial contributions to Trump’s election campaign in 2024. It has more than doubled its market value in the past year.
Baraka, who is also a leading candidate in the June 10 Democratic Party primary election for governor of New Jersey, released videos showing himself, McIver, and the other members of Congress being calmly admitted into the facility at the start of their visit and then being led out of the facility a short time later.
Afterward, an ICE agent appeared, who, after receiving a phone call, immediately initiated a confrontation with the group. The agent then arrested the mayor, who was already on public property by that time.
ICE does not have the authority to arrest people for trespassing; only police do. Neither does ICE have legal standing to confine people for alleged trespassing.
Leaders and grassroots activists from labor, immigrant rights, and pro-democracy organizations quickly gathered on the scene, demanding that ICE “Free Mayor Baraka.” He was released later that evening.
On Thursday, May 15, people’s organizations again came out to defend the mayor, this time for his pre-trial hearing at the Newark federal courthouse. The crowd booed as Trump’s U.S. Attorney for New Jersey, Alina Habba, walked into the courthouse.
Following the hearing, Baraka addressed the rally.
“We are fighting about a document that was created hundreds of years ago; it’s called the Constitution of the United States, which gives everybody due process, no matter who you are. … whether you’re documented or not,” the mayor said.
“These people are serious,” Baraka warned at a Jersey City meet-and-greet the following day. The house party with the gubernatorial candidate was hosted by the Working Families Party. “They are willing to do as much as they can to undermine our ability to practice democracy. The question is, ‘What are we willing to do?’”
Mayors, members of Congress, and elected officials across the country issued statements denouncing the administration’s attempt to subvert the rule of law.
Both U.S. Senators from New Jersey, Andy Kim and Cory Booker, condemned the moves against Baraka, as did the state’s current governor, attorney general, and the five other Democratic candidates for governor.
Kim called the arrest “shocking” and said he quickly telephoned ICE leadership and the DHS Secretary to oppose it. Booker said it was “disturbing” and “indicative of tactics that are undermining the safety and security of our communities.”
Chicago Mayor Brandon Johnson—also a target of Trump’s DOJ for hiring Black city officials—said Baraka’s arrest was “designed to intimidate local leaders from upholding their duty,” calling the Newark leader a personal friend and inspiration. “We are in solidarity with Mayor Baraka. His courage in the face of injustice reminds us all of what is at stake.”
In the face of mass popular, official, and legal resistance, the U.S. administration abandoned the case. Then, days later, it initiated the effort to target McIver.
“This is part of a distraction … from the dark-of-night attack on healthcare and supplemental nutrition,” House Democratic Caucus Chair Pete Aguilar commented on Tuesday.
Make the Road N.J. Director Nedia Morsey said in a statement released Monday night, “The U.S. Justice Department is working to defend billion-dollar corporations responsible for separating our families and destroying communities.… With this case, Alina Habba is using her position of power to target people of color.”
Identifying the attacks as a “dangerous escalation meant to silence, control, and intimidate,” immigrant rights advocates are calling on elected officials across the country not to cow in submission but rather to follow the example set by Baraka and the three N.J. members of Congress.
“There’s a weaponization of the Department of Justice, the U.S. Attorney’s office, to target individuals because they disagree with them,” Baraka recently commented in a conversation with Chris Hayes on MSNBC. “Unfortunately, we have to now organize around what’s going on with the Congresswoman who is the representative of my District, Congressional District 10.”
People’s World also issued a call to action this past weekend: TELL CONGRESS: Stop attempts to silence elected officials!
We hope you appreciated this article. At People’s World, we believe news and information should be free and accessible to all, but we need your help. Our journalism is free of corporate influence and paywalls because we are totally reader-supported. Only you, our readers and supporters, make this possible. If you enjoy reading People’s World and the stories we bring you, please support our work by donating or becoming a monthly sustainer today. Thank you!
CONTRIBUTOR
