DHS Spokesperson Threatens Congressional Arrests

A Department of Homeland Security spokesperson suggested Saturday that the agency may pursue arrests of House Democrats who participated in an incident at a New Jersey Immigration and Customs Enforcement detention facility, raising unprecedented questions about executive branch authority over members of Congress exercising their oversight responsibilities.

The escalating confrontation began Friday when Newark Mayor Ras Baraka was arrested during a protest at Delaney Hall, a privately-run ICE detention facility, where three Democratic members of Congress were conducting what they described as a congressional oversight visit.

Allegations of Assault

“I think that we should let viewers know there will likely be more coming,” DHS spokesperson Tricia McLaughlin told CNN Saturday morning. “We actually have body camera footage of some of these members of Congress assaulting our ICE enforcement officers, including body-slamming a female ICE officer,” according to NBC News.

When asked if members of Congress could face arrest, McLaughlin confirmed that the possibility is “definitely on the table,” calling it an “ongoing investigation.” The allegations were immediately denied by officials present at the facility, with Baraka appearing on CNN shortly after McLaughlin’s interview to call the claims “ridiculous” and noting that one of the lawmakers, 80-year-old Rep. Bonnie Watson Coleman, “probably couldn’t lift any of them.”

Congressional Oversight Rights

The three lawmakers involved—Representatives Bonnie Watson Coleman, Rob Menendez, and LaMonica McIver, all New Jersey Democrats—maintain they were legally exercising their congressional oversight authority, which allows members of Congress to inspect federal facilities without prior notice.

“As Members of Congress, we have a legal right to conduct oversight at any DHS facility without prior notice, as we have already done twice this year. Throughout every step of this visit, ICE attempted to intimidate everyone involved and impede our ability to conduct oversight,” Menendez said in a statement Friday, according to Axios.

Conflicting Accounts

DHS has characterized the lawmakers’ actions as “storming” the facility, with McLaughlin stating in an official release that “Members of Congress storming into a detention facility goes beyond a bizarre political stunt and puts the safety of our law enforcement agents and the detainees at risk.” The agency claims the congressional delegation entered when gates opened to allow an ICE bus through.

Watson Coleman strongly disputed this version of events, writing on social media platform X: “The notion that I or any of my colleagues ‘body slammed’ armed federal officers is absurd. DHS is lying because they know their agents were out of line.” She added, “Contrary to a press statement put out by DHS we did not ‘storm’ the detention center. The author of that press release was so unfamiliar with the facts on the ground that they didn’t even correctly count the number of Representatives present.”

Mayor’s Arrest

Baraka, who is also a candidate for New Jersey governor, was charged with trespassing after being taken into custody by ICE agents. He was released approximately five hours later without bond after appearing before Magistrate Judge Andre Espinosa. The misdemeanor trespassing charge carries a maximum penalty of 30 days in prison and a $500 fine.

The mayor has been leading opposition to the reopening of the 1,000-bed Delaney Hall facility, arguing that the private prison company operating it, GEO Group, lacks proper building permits and safety inspections. ICE and GEO Group maintain that all necessary permits are in place, with McLaughlin noting in a statement that “Delaney Hall operated as a federal immigration processing center for six years under President Obama’s administration, without opposition from local political leaders,” according to Reuters.

Constitutional Questions

Legal experts note that any attempt to arrest sitting members of Congress would raise significant constitutional questions about separation of powers and congressional immunity. The Speech or Debate Clause of the Constitution provides that “for any Speech or Debate in either House, they [Senators and Representatives] shall not be questioned in any other Place,” which has historically been interpreted to provide some immunity for official congressional actions.

New Jersey Governor Phil Murphy criticized Baraka’s arrest, calling for his “immediate release” and describing him as “an exemplary public servant who has always stood up for our most vulnerable neighbors.” Other Democratic officials have expressed alarm at DHS’s threats against members of Congress, with one spokesperson for Watson Coleman stating that “threatening to arrest Members of Congress for exercising their lawful oversight authority is another example of this administration abusing its power to try to intimidate anyone who stands up to them.”