New Jersey Democrat LaMonica McIver is introducing legislation to permanently enshrine congressional oversight authority over Immigration and Customs Enforcement detention centers, exactly one year after a physical confrontation at a Newark facility resulted in her indictment on three felony counts.
The measure, announced Tuesday, would require the Department of Homeland Security to grant members of Congress “immediate access” to any ICE detention site and would terminate federal contracts with private operators that block such visits. McIver framed the bill as a direct response to what she called a pattern of secrecy and abuse inside immigration detention.
“This has been ICE’s deadliest year in 30 years and the nation is calling for action,” McIver said in a statement. “That’s why I’m introducing this bill to reaffirm the people’s right to have someone speak up for the voiceless, go where others are not allowed, uncover the abuses that we know take place in the dark, and stop the brutality against our immigrant neighbors.”
Two fellow New Jersey House Democrats—Bonnie Watson Coleman and Rob Menendez—who accompanied McIver during the May 2024 incident at Delaney Hall Detention Facility are co-sponsoring the legislation. The trio’s visit turned into a scuffle with federal agents during the arrest of Newark Mayor Ras Baraka.
McIver is currently awaiting trial on charges of assaulting, resisting, impeding, and interfering with a federal officer. She pleaded not guilty in June 2024. U.S. District Judge Jamel Semper, a Biden appointee, rejected her motion to dismiss the case in November, ruling against her argument that the Trump administration was politically motivated in bringing the charges. She has appealed that decision.
The congresswoman’s latest push for oversight comes amid broader scrutiny of ICE operations. In December, she returned to the Delaney Hall facility following reports that a 41-year-old Haitian immigrant had died in custody from what officials described as “suspected natural causes.” Menendez, after the Monday visit, posted on X that conditions remained unchanged. “No improvements—only more heartbreaking stories,” he wrote. “We need to keep the pressure on to close this facility – for good.”
The bill arrives as the Trump administration faces accusations of weaponizing the Justice Department against political opponents. Critics have pointed to recent indictments of figures like former FBI Director James Comey as evidence of that trend. Meanwhile, McIver’s own case has drawn comparisons to those targeting civil rights advocates, with some progressives arguing the charges are an attempt to chill congressional oversight.
If enacted, the legislation would mark a significant shift in the balance of power between Congress and DHS, codifying a right that has historically been exercised by custom rather than statute. It would also impose financial penalties on private detention companies that refuse entry to lawmakers, a provision aimed at contractors like CoreCivic and GEO Group, which operate numerous ICE facilities.
McIver’s trial date has not yet been set. Her appeal of Semper’s ruling is pending before the Third Circuit.
