June 25 (UPI) — During a Wednesday arraignment hearing, Rep. LaMonica McIver, D-N.J., pleaded not guilty to federal charges arising from her alleged assault of an Immigration and Customs Enforcement agent in May.
The arraignment hearing occurred at the U.S. District Court of New Jersey in Newark, where McIver is charged with three counts of resisting, assaulting, impeding and interfering with federal officers at the Delaney Hall Federal Immigration Facility in Newark on May 9.
Two counts each carry a maximum penalty of up to eight years in prison, while the third count carries a maximum penalty of a year in prison.
McIver is innocent until proven guilty.
McIver’s legal team says she was carrying out her responsibilities as a member of Congress and did not commit any crimes.
“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,” attorney Paul Fishman told media on Wednesday.
“ICE responded by creating a risky and dangerous situation,” Fishman added, “and now the Justice Department is doubling down by trying to punish the congresswoman for doing her job.”
U.S. Attorney Mark McCarren is representing the federal government in the case against McIver.
McIver joined two other members of Congress at the Delaney Hall ICE facility on May 9 to conduct a congressional oversight inspection while an immigration protest event was underway, according to the Department of Justice.
Newark Mayor Ras Baraka arrived soon after, and McIver, Baraka and the two other congressional members initially were allowed into a secured area within the facility.
A federal officer then told Baraka he wasn’t allowed in the secure area and must leave, according to the DOJ.
The officer warned Baraka several times to leave or be arrested, which prompted McIver and other members of the congressional delegation to challenge the mayor’s removal.
“When officers moved in to arrest the mayor, McIver and others surrounded the mayor and prevented the officers from handcuffing him,” according to the DOJ.
After Baraka was escorted out of the secured area, federal officers again tried to arrest him, but someone in the crowd yelled, “Circle the mayor,” the DOJ says.
McIver allegedly responded by putting her arms around the mayor to prevent officers from arresting him.
“During her continued attempts to thwart the arrest, McIver slammed her forearm into the body of one law enforcement officer and also reached out and tried to restrain that officer by forcibly grabbing him,” the DOJ alleges.
“McIver also used each of her forearms to forcibly strike a second officer,” the DOJ claims.
Baraka was arrested but was released with no charges filed against him, but McIver faces up to 17 years in prison if convicted on the three charges against her.
