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Newark Mayor Ras Baraka filed a lawsuit against the US Attorney for New Jersey on Tuesday over his arrest last month while protesting outside an ICE detention facility in his city.

Baraka accused interim head attorney Alina Habba, who is also a personal lawyer of President Trump, of “malicious prosecution” and violating his Fourth Amendment rights following the May 9 arrest.


  Alina Habba appeared unfazed by the lawsuit. John Angelillo/UPI/Shutterstock Alina Habba appeared unfazed by the lawsuit. John Angelillo/UPI/Shutterstock

“Defendant Habba issued the defamatory statement and authorized the false arrest of Mayor Baraka despite clear evidence that Mayor Baraka had not committed the petty offense of ‘defiant trespass,’” the lawsuit stated.

“In authorizing and/or directing the arrest of Mayor Baraka without proper legal grounds, Defendant Habba was acting for political reasons and fulfilling her stated goal of ‘turning New Jersey red’ by instigating and/or authorizing the false arrest of Mayor Baraka, a Democrat,” the suit added.

The trespassing charge against Baraka was later dismissed.

Habba, however, appeared unfazed by the lawsuit and mocked the New Jersey Democrat.


  Baraka alleges Habba was acting for political reasons. Robert Mecea Baraka alleges Habba was acting for political reasons. Robert Mecea

“My advice to the mayor — feel free to join me in prioritizing violent crime and public safety. Far better use of time for the great citizens of New Jersey,” she wrote on X.

Baraka was taken into custody at the Delaney Hall Detention Facility and charged with trespassing on May 9 while protesting the ICE facility that he had vowed to shut down. 

The charge was dismissed just 10 days later, prompting US Magistrate Judge André Espinosa to slam the ordeal as “hasty” and “worrisome.”


  Newark Mayor Ras Baraka was arrested by ICE agents for trespassing. Amanda Lee / News12 Newark Mayor Ras Baraka was arrested by ICE agents for trespassing. Amanda Lee / News12

“The apparent rush in this case culminating today in the embarrassing retraction of charges suggests a failure to adequately investigate, to carefully gather facts, and to carefully consider the implications of your actions before wielding your immense power,” Espinosa slammed Haba and the DOJ. 

Along with Habba, Baraka’s suit also names Ricky Patel, a supervising agent with Homeland Security who led the arrest at Delaney Hall. 

Habba claimed Baraka “committed trespass and ignored multiple warnings from Homeland Security Investigations to remove himself from the ICE detention in Newark.” 

The mayor, however, alleges that he complied with the order to leave before agents came outside the gate and took him into custody. 

Baraka also alleges that he was allowed inside the center by the GEO Group, the private company running the private prison, to calm the protesters demonstrating the jail’s use as a migrant detention facility.  

The Democrat also claims the agents violently pulled his arms and arrested him “without probable cause,” according to the lawsuit. 

Baraka announced the lawsuit on the same day early in-person voting began in the Garden State, where the gubernatorial hopeful is one of six candidates running for the Democratic nomination.

Baraka wasn’t the only New Jersey lawmaker to find himself in hot water with the Justice Department over the demonstration at Delaney Hall. 

The DOJ has charged Rep. La Monica McIver (D-NJ) with assaulting, resisting and impeding law enforcement officials during the protest. 

Investigators say cameras captured McIver’s actions during the melee that she assaulted the federal officers and tried to stop them from arresting Baraka. She faces up to eight years in prison if convicted.

McIver, who has represented New Jersey’s 10th Congressional District since last September, slammed the charges as “purely political” and blamed ICE agents for the chaotic confrontation.  

The Trump administration has also sued several New Jersey cities, including Newark, over so-called sanctuary policies. 

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