This is a rush transcript. Copy may not be in its final form.
AMY GOODMAN: This is Democracy Now!, democracynow.org. I’m Amy Goodman.
We go now from New Jersey’s most famous musician to New Jersey Democratic Congresswoman LaMonica McIver. She’s facing up to 17 years in prison, stemming from an incident last May when she and two other Democratic congressmembers went to inspect Delaney Hall, the private immigration prison run by GEO Corporation under contract with ICE. The federal government claims McIver assaulted an immigration officer as federal agents were arresting Newark Mayor Ras Baraka, who had accompanied the congressional delegation to Delaney Hall. Congressmember McIver has vehemently denied the charges. This is a brief clip of the scene outside the ICE jail that day.
AIDE 1: Now circle the mayor! Circle the mayor!
REP. LAMONICA McIVER: What? What the hell?
AIDE 1: Circle the mayor!
REP. LAMONICA McIVER: What the hell?
AIDE 1: Circle the mayor! Circle the mayor!
REP. LAMONICA McIVER: What the heck?
REP. BONNIE WATSON COLEMAN: Absolutely not. Absolutely not.
ICE AGENT: Back up. Back up. Do not cause us problems.
AIDE 1: Where’s my congresswoman?
AIDE 2: Congresswoman! Congresswoman! She’s right in front of you!
REP. LAMONICA McIVER: Don’t touch us! Don’t touch us!
AIDE 2: Congresswoman!
AIDE 1: Get off of us.
REP. LAMONICA McIVER: Don’t touch us!
AIDE 1: Get off of us.
AIDE 2: Get out!
AMY GOODMAN: Ten days later, then-acting U.S. Attorney for New Jersey Alina Habba dropped the charges against Newark Mayor Ras Baraka, but at the same time, she announced three felony charges against Congressmember McIver, including assaulting, resisting, impeding and interfering with federal officers. Not since 1799 have such charges been brought against a House member. Alina Habba is the former personal attorney for Donald Trump. In December, she resigned after a panel of federal judges ruled she’s serving in her position unlawfully.
Members of Congress have the oversight authority to visit DHS facilities without prior notice, but the Trump administration has repeatedly attempted to restrict or thwart that access.
We go now to Newark, where we’re joined by the Democratic Congresswoman LaMonica McIver.
Welcome to Democracy Now! It’s great to have you with us. We have spoken with Mayor Ras Baraka several times. This is our first time talking to you. Explain the state of the case against you. I mean, the judges already ruled that the U.S. attorney, Alina Habba, the former private attorney of President Trump, was serving illegally. But you still have these charges against you that she brought?
REP. LAMONICA McIVER: Yes. Well, first of all, thank you so much for having me, Amy. It’s great to be on with you.
Yes, you’re absolutely correct. These charges are still pushing forward. I’m still fighting it. I’m in the second stretch of that fight, as we filed an appeal to the 3rd Circuit Court to basically have these charges dismissed based off legislative immunity. As you so clearly laid out, you know, I was there to do my job, to conduct oversight, along with two of my other colleagues, when ICE and DHS created that whole fiasco that happened out there. And so, we’re looking forward to taking the case, you know, to getting these charges thrown out, and looking forward to being in front of a judge at the 3rd Circuit in a couple of months. And so, we’re just waiting on that process right now.
AMY GOODMAN: So, but explain what you were doing. It relates certainly today, as some judges have ruled that the Trump administration can delay congressmembers or legislators from inspecting these facilities. In May, talk exactly about what happened, about why you were at Delaney Hall, what it is, for a global audience, you and two other congressmembers, and then what happened to Ras Baraka and what happened to you.
REP. LAMONICA McIVER: So, of course. So, we went there for an oversight visit, which is something that Congress, you know, statutorily have the right to do. We can show up to any ICE facility and have an inspection, unannounced, announced. That’s, you know, in statute for us to do that. And so, me, two of my colleagues from New Jersey — which we have done in the past before. We’ve showed up to ICE, a ICE facility in New Jersey, other than Delaney Hall, and conducted an oversight visit. And just that day, we were going to Delaney Hall. We had gotten a lot of calls about Delaney Hall. We had no idea that this facility had opened up. The mayor of the city had said that this place was not cooperating with city guidelines. And so, we’re like, “Hey, we need to go here and check this place out.”
Mayor Baraka did not accompany us to the facility for the oversight visit. It was literally just members of Congress. Mayor Baraka showed up later, because he was coming there for the press conference that we were having after our tour. But he was not there to come with us on the visit. I mean, he had been showing up there at this facility every day prior to us coming, because, once again, this facility has, basically, you know, just refused to adhere to city guidelines as it relates to inspections and fire code inspections. They claim they are a federal facility, but they’re not. It’s a private prison that has a contract with the federal government. They’re not a federal facility.
And so, we showed up there to have our oversight visit, and we were met with an army of ICE agents, of folks from DHS. I mean, we had — I had never experienced anything like that, nor had we when we went to another facility to inspect that facility. And so, they created a whole fiasco, you know, unlawfully arrested the mayor for trespassing, after they let him into the gate. I mean, it was just a whole complete nightmare there that day, with them basically trying to restrict us from having oversight of this facility. Just days later, I mean, they put out this whole new protocol from DHS that said congressmembers had to give seven days’ notice for them to show up to have oversight, just constantly trying to stop Congress from having oversight and holding the administration accountable. And we continue to see this from last May and now continuing on each and every day with the different scenarios from this administration.
And so, I continue to show up to do oversight, continue to hold this agency, but also these facilities, accountable. I’ve been back to Delaney Hall since then. I had a detainee who died there. A 42-year-old Haitian immigrant who was completely healthy before going to this facility died within 24 hours of being at this facility. And so, I went back there to have an inspection. A couple of weeks after we went last May, there was an entire riot at this same detention center, because detainees were not getting food. They were starving. And detainees were upset about that, and they had a whole riot. And they had about four detainees who escaped through a makeshift wall there.
So, that just goes to show you why oversight is so important and why we have to continue to apply pressure and do our jobs as members of Congress and, you know, go to these facilities. You know, the government has said, hey, I went there, we were there to protest, we were there to do all of these things. But we didn’t go there for anything. I didn’t go there for a protest. We went there for one reason, and that one reason was to go there to protect the people who were there, to find out what was going on, to make sure that things were going — running OK inside this facility, which we have the right to, and that is our job to do so. And so, you know, we’re going — I’m not going to stop doing what I’m supposed to be doing and what the people of the 10th Congressional District here in New Jersey have elected me to do. And that is to protect them and hold this administration accountable.
AMY GOODMAN: You were there with New Jersey Congressmembers Rob Menendez and Bonnie Watson Coleman. Now what is your legal situation? So often in these cases of political persecution, the process is the punishment. The New Yorker notes, in December —
REP. LAMONICA McIVER: Correct.
AMY GOODMAN: — you had already racked up close to a million dollars in legal fees. What do you think this message sends to congressmembers, legislators all over the country: If they stand up for their constituents, as they say — as you say you were doing, you’ll be personally bankrupted?
REP. LAMONICA McIVER: Yeah, I mean, you’re absolutely right. The process is the punishment. This is what they’re doing. They’re doing this with your taxpayer dollars, prosecuting a member of Congress for doing their job. It doesn’t cost them anything, because they’re using taxpayer dollars to do so. But I think what it does is it inserts fear in other leaders to step up and hold the administration accountable. It’s intimidation. It’s bullying. And they’re just using me as a tool and a prop to do so. And that’s why I continue to stress how urgent, like, my case is, not because it’s about me, but it’s about the broader picture of how they are trying to stop congressmembers from doing their job, I mean, and it’s awful. But at the same time, that’s why I continue to push forward, continue to work for the people of the 10th Congressional District and protect them from this administration, specifically ICE, because I’m not going to let them bully me out of doing my job. I’m just not. They’re not going to bully me from stopping my work, and they’re not going to take away my joy while I do it.
AMY GOODMAN: Congressmember McIver, as we are broadcasting, the White House so-called border czar, Tom Homan, just finished speaking. He held a news conference around 7 a.m. Minnesota time. He said ICE and CBP are working to, quote, “draw down” the number of federal agents in Minneapolis. This is some of what he said.
TOM HOMAN: State and local law enforcement — again, I appreciate they all acknowledged that we do have federal immigration laws in this country that have been passed by Congress, and that ICE is in fact a legitimate law enforcement agency charged with enforcing those laws. We’re not making this up, folks. ICE is enforcing laws enacted by Congress. They’re in federal statute.
That said, I’m not here because the federal government has carried its mission out perfectly. First thing I said to senior staff when I walked in here is what I told you earlier. I didn’t come here looking for photo ops or headlines. I come here looking for solutions. I do not want to hear that everything that’s been done here has been perfect. Nothing’s ever perfect. Anything can be improved on. And what we’ve been working on is making this operation safer, more efficient, by the book. The mission is going to improve because of the changes we’re making.
AMY GOODMAN: So, that is the so-called border czar, who seems to have been sent to Minneapolis to replace Greg Bovino, the head of CBP. I’m used to saying CPB, the Corporation for Public Broadcasting, but President Trump ended that. So it’s all about CBP now, Customs and Border Patrol. And he’s been sent off to California. But there is Tom Homan, the man who was being investigated by the FBI, until a few weeks ago, for taking a Cava bag filled with $50,000 of cash from two undercover FBI agents. That investigation has been squelched, though some of your fellow congressmembers are calling for the video of him accepting that cash, people like Congressmember Raskin. But I’d like to ask — end by asking you about whether you think the government is going to be partially shut down this weekend, and to respond to — you were really the precursor to Minneapolis, but to respond to what the Senate is threatening to do, as they say they want to separate DHS funding from the rest of the budget, and if the Republicans don’t agree to, they won’t vote for the bill.
REP. LAMONICA McIVER: Yeah, well, I truly believe we’re heading to a shutdown, because at the end of the day, look, who can — who can even approve or give this agency, this rogue agency, that we’ve seen murder two people in broad daylight in the last couple of weeks — how can we give them more money? Like, why would the Senate give them more money to operate? Obviously, there are some big issues within this department, that is not operating, you know, effectively, and so they should not be given more money to cause more problems and more hurt and to terrorize American citizens. And so, I do truly believe we’re going to go to a shutdown. It’s shameful that Republicans in charge in the Senate won’t separate out the DHS funding and deal with the rest of the funding, but they want to continue to, you know, be scared of Donald Trump, and they’re, you know, keeping this package deal together, instead of separating it out, knowing that they have issues. So, I truly believe we’re definitely going to be heading to a shutdown.
AMY GOODMAN: Democratic Congressmember LaMonica McIver, speaking to us from Newark, New Jersey. Thank you so much for joining us.
Coming up, we look at how ICE is using facial recognition technology to track immigrants and protesters — or, as the government calls them, agitators — in Minnesota and across the country. But first, more Bruce Springsteen.
[break]
AMY GOODMAN: “Streets of Minneapolis,” just released by Bruce Springsteen, who definitely doesn’t need facial recognition technology to recognize him or his voice.
