Newark mayor sues US attorney Alina Habba over ICE detention center arrest

Mayor Ras Baraka has filed a lawsuit against interim US Attorney for New Jersey Alina Habba and Homeland Security Investigations agent Ricky J. Patel, alleging false arrest, malicious prosecution, and defamation stemming from an incident at a federal immigration detention facility last month, according to NBC News.

Baraka, a Democratic candidate for governor, was taken into custody on May 9 after attempting to access the Delaney Hall detention center in Newark alongside several members of Congress.

He says that he was on a visit was to check on the welfare of detainees held by Immigration and Customs Enforcement (ICE). Though he was charged with trespassing, those charges were later dropped.

The lawsuit claims a security guard allowed Baraka to enter the facility grounds to help de-escalate a protest outside. According to the suit, Patel later ordered him to leave, disputing that the mayor had permission to be there. Minutes after he complied, approximately 20 armed Homeland Security agents allegedly “descended on the Mayor and members of Congress,” arresting him without warning or cause.

The complaint accuses Habba of issuing a “false and defamatory statement” on her personal social media account before Baraka was transported from the facility, alleging he ignored multiple DHS warnings to leave. Baraka says these claims are untrue and politically motivated.

“Unfortunately, this is not an anomaly,” Baraka said, pointing to what he describes as an effort by Habba to advance partisan goals. The suit states she was “acting for political reasons and fulfilling her stated goal of ‘turning New Jersey red.’”

The mayor is seeking monetary damages, citing emotional distress and reputational harm. He claims his Fourth Amendment rights were violated through an “unlawful seizure and detention.” Magistrate Judge Andre Espinosa also criticized the handling of the arrest.

“The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of these trespassing charges a mere 13 days later, suggests a worrisome misstep by your Office,” the judge wrote.

The Justice Department later charged Rep. LaMonica McIver (D-NY), with interfering with law enforcement during the same incident.