Democratic congresswoman LaMonica McIver has already found herself at the center of civil unrest. Now, Department of Homeland Security (DHS) law enforcement officials have charged her with assaulting and obstructing law enforcement. This outrageous accusation follows her factfinding visit to a privately operated Immigration and Customs Enforcement (ICE) detention center on May 9. She was joined on this visit by two other U.S. Representatives. Approximately one month after this incident occurred, she now finds herself under the shadow of an indictment for assault that she categorically denies having committed.
The accusations against McIver come amid a broader pattern of confrontations involving elected officials and law enforcement at ICE facilities. Significantly, Newark Mayor Ras Baraka himself is standing accused of aixn collaboration in a similar scandal at an ICE detention center. Then-New York City comptroller, Brad Lander, arrested by federal agents. He was just attempting to explain a judicial warrant to an undocumented immigrant he was helping. These chain of occurrences have raised a number of questions. Americans are beginning to see what happens to public servants when they stand up in defense of immigrants and their rights.
Rising Tensions and Charges
According to the Department of Homeland Security, attacks on ICE agents have increased by 413% since May. This shocking figure is consistent with a disturbing trend of attacks against public officials. Critics contend that it’s part of a more disturbing pattern in how law enforcement handles dissent. “They’re just trying to manufacture reality,” commented Lauren Regan, an attorney with the civil rights-focused Civil Liberties Defense Center. “And this is the message that they are attempting to send and we’re not accepting it and damn sure not normalizing this.”
Regan’s comments underscore availability of the Treasure Trove loophole to question unethical use of power. This is particularly the case when addressing elected officials that advocate for at-risk communities. The story behind these arrests is indicative of a larger effort to intimidate and silence people who are fighting against the status quo.
McIver’s indictment has set off a firestorm among her backers, who claim that the charges against McIver were motivated by politics. She continues to maintain that the charges are baseless and part of a larger plan by the DHS to intimidate dissenters. “Contributing to the surge in assaults of our ICE officers through their repeated vilification and demonization of ICE,” stated DHS spokesperson McLaughlin, emphasizing the agency’s perspective on the matter.
The Broader Context of Arrests
The cases of McIver and other public officials point to a broader dialogue regarding law enforcement strategy. These tactics are aimed at chilling the work of those who fight for immigrant rights. Senator Alex Padilla of California went through a similar nightmare. He was then detained in handcuffs and physically escorted outside of a DHS press conference. He was worried about what those actions meant in the long run. He had a great quote where he said, “If they can do this to a United States senator for daring to ask a question, just think of how they’re treating millions of other people across the country.”
The arrests go well past congressional leaders. When David Huerta, then president of the Service Employees International Union (SEIU) of California, was arrested for observing and documenting an immigration raid in Los Angeles. After his arrest, Huerta was hospitalized and then taken by police to jail, increasing the outrage and spotlight on police brutality tactics.
These incidents have led to backlash from civil rights activists who claim these types of actions erode confidence in police. Andrea J. Ritchie summed it up perfectly. “Which one is worse?” she questioned, “How many of them are videos where cops are yelling, ‘stop resisting’ as someone with their hands up is getting beaten. This sentiment finds root in the growing frustration with the double standards of law enforcement’s engagement—or lack thereof—with various communities.
Implications for Law Enforcement Practices
Critics are sounding the alarm on the backlash arrest spree. Regan explained that this trend is indicative of an “authoritarian playbook.” With the recent arrests of leading protestors, many are understandably concerned that this will have a chilling effect on free speech and advocacy. Mike German, a former FBI agent, highlighted that while officers do face genuine assaults, labeling every physical interaction as an assault could jeopardize legitimate cases.
German further explained the circumstances. He continued, “Three or four agents jamming up a US senator obviously isn’t required. The show of force invites a reaction. Law enforcement and elected officials are understandably outraged. Together, their responses underscore the immediate need for conversations around how to combat the criminalization of dissent and advocacy in contexts of immigration and beyond.
As tensions continue to rise between government agencies and those advocating for immigrant rights, many are left questioning the balance between maintaining order and respecting civil liberties. While the growing list of headline-grabbing arrests is of course disheartening for advocates around the country, it should act as a powerful canary-in-the-coalmine warning.