Newark Mayor Arrested at Immigrant Detention Facility Amidst Congressional Oversight

Newark Mayor Ras Baraka was arrested on May 9 by federal immigration agents after attempting to enter a new immigrant detention facility, Delaney Hall, in the New Jersey city. The arrest occurred while members of Congress were present for an oversight visit.

Video footage shared on X by a local news reporter showed Baraka being escorted away in handcuffs. Delaney Hall, a former Newark prison, was transformed into an immigrant detention center under the Trump administration.

Baraka was in the company of U.S. Representatives Bonnie Watson Coleman, LaMonica McIver, and Rob Menendez, all Democrats representing New Jersey, when the arrest occurred just outside the detention center’s gates.

After being detained for approximately five hours, Baraka was released later that evening. He told CNN that he was charged with federal trespassing, a misdemeanor he described as "humiliating."

"I didn’t go there to break any laws, I didn’t break any laws," Baraka asserted. "I was there as the mayor of the city, exercising my right and duty as an elected official."

Interim U.S. Attorney Alina Habba stated on X that Baraka had trespassed and "ignored multiple warnings from Homeland Security Investigations to remove himself" from the detention center, which is operated by the private contractor GEO Group.

"He has willingly chosen to disregard the law," Habba wrote. "That will not stand in this state. He has been taken into custody. NO ONE IS ABOVE THE LAW."

Baraka countered that he had been inside the gates for over an hour while members of Congress were inside the facility. He claimed that agents arrested him outside the gate, after he had already left.

Tricia McLaughlin, assistant secretary for public affairs at the Department of Homeland Security, posted on X that the members of Congress were involved in a "bizarre political stunt" involving protesters who "stormed the gate and broke into the detention facility."

"This illegal breaking and entering of a detention facility puts the safety of our law enforcement agents and the detainees at risk," McLaughlin tweeted. "Members of Congress are not above the law and cannot illegally break into detention facilities. Had these members requested a tour, we would have facilitated a tour of the facility. This is an evolving situation."

Following the arrest, elected officials and advocates gathered to protest outside a DHS field office in Newark where Baraka was held.

New Jersey Governor Phil Murphy, a Democrat, expressed his "outrage by the unjust arrest" of Baraka. "I am calling for his immediate release by federal law enforcement," he stated.

Under the law, members of Congress are permitted to visit immigrant detention facilities unannounced. According to Ned Cooper, a spokesperson for Watson Coleman, the three members of Congress, Watson Coleman, McIver, and Menendez were not arrested. Cooper emphasized that they visited the facility unannounced and "didn’t break any laws."

Cooper also stated that a scuffle ensued after the political representatives exited the facility, and agents moved in to arrest Baraka.

McIver told reporters outside the detention center that Baraka entered through the gate and informed agents that he was waiting for the three representatives to exit. After being asked to leave, he exited through the gate and was subsequently arrested.

"What we see here is despicable and we all should be angry," McIver said. "This is unacceptable."

Viri Martinez, of the New Jersey Alliance for Immigrant Justice, witnessed Baraka’s arrest.

Martinez recounted that after federal agents allowed Congress members and Baraka through a gate onto the Delaney Hall premises, the agents began "talking down" to Congress members and started surrounding Baraka, who was shielded by his staff. She said Baraka was put in handcuffs and then thrown into an unmarked car before driving away.

Baraka, who is running for governor of New Jersey, has opposed the reopening of Delaney Hall, a 1,000-bed detention center, citing its failure to comply with city building and occupancy permits. DHS has denied these allegations.

Sen. Cory Booker, a Democrat and the senior U.S. senator in New Jersey, stated that Baraka has a responsibility to ensure that facilities operating in his city are adhering to laws that protect the safety and wellbeing of occupants and residents.

"This incident is disturbing, unnecessary and indicative of tactics that are undermining the safety and security of our communities, not adding to it," Booker wrote on X. "Law enforcement officers should have deescalated this situation. Mayor Baraka should be immediately released."

The circumstances surrounding the arrest remain contested, with conflicting accounts from various parties involved. The incident has sparked outrage and raised questions about the treatment of elected officials and the oversight of immigrant detention facilities. The legal ramifications of the arrest and its potential impact on Baraka’s gubernatorial campaign remain to be seen. The incident highlights the ongoing tensions surrounding immigration enforcement and the role of local officials in overseeing federal facilities within their jurisdictions. The involvement of members of Congress underscores the importance of congressional oversight in ensuring transparency and accountability in the operation of immigrant detention centers. The differing perspectives presented by government officials, elected representatives, and advocacy groups underscore the complex and often contentious nature of immigration policy and its implementation. The case is likely to fuel further debate and scrutiny of immigration enforcement practices and the rights of elected officials to access and monitor detention facilities.