Nancy Mace Seeks to Expel Democrat Charged Over Newark ICE Scuffle

South Carolina Republican Nancy Mace introduced a resolution in the House of Representatives on Wednesday seeking the expulsion of New Jersey Democrat LaMonica McIver.

Mace cites allegations that McIver assaulted federal law enforcement officers and unlawfully interfered with operations at a federal immigration detention facility in Newark.

"On May 9th, McIver didn't just break the law, she attacked the very people who defend it," Mace said in a statement. "Attacking Homeland Security and ICE agents isn't just disgraceful, it's assault. If any other American did what she did, they'd be in handcuffs. McIver thinks being a Member of Congress puts her above the law. It doesn't. She should be prosecuted to the fullest extent of the law."

McIver responded to the move on X, formerly Twitter: "In the South I think they say, 'bless her heart.'"

Why It Matters

If a member of Congress is arrested or charged with a crime, it does not mean automatic expulsion. Instead, it requires a two-thirds vote in the member's respective chamber—in McIver's case, the House of Representatives.

Mace filed her resolution Wednesday, citing the two federal offences her colleague is facing and denies.

What To Know

Mace said McIver had failed to uphold the constitution through her involvement in a scuffle that broke out between Immigration and Customs Enforcement agents, four Democrats, and protesters at Delaney Hall in Newark.

McIver is accused of assaulting an ICE agent when intervening in the arrest of Newark Mayor Ras Baraka, who also faced federal charges until they were dropped by interim U.S. Attorney for New Jersey Alina Habba.

A nearly two-minute clip released by Homeland Security shows McIver on the facility side of a chain-link fence just before the mayor was arrested on the street side. McIver and uniformed officials go through the gate, and she joins others shouting that they should circle the mayor.

The video shows McIver in a tightly packed group of people and officers. At one point, her left elbow and then her right elbow push into an officer wearing a dark face covering and an olive green uniform emblazoned with the word "Police" on it. It is unclear from the police bodycam video whether that contact was intentional, incidental or a result of jostling in the chaotic scene.

The complaint says McIver "slammed" her forearm into an agent, then tried to restrain the agent by grabbing him.

McIver's Democratic colleagues cast the incident as an infringement on lawmakers' official duties to serve their constituents and an effort to silence their opposition to an immigration policy that helped propel President Donald Trump back into power but now has emerged as a divisive fault line in American political discourse.

Under the law, members of Congress are authorized to enter federal immigration facilities as part of their oversight powers, even without notice. Congress passed a 2019 appropriations bill that spelled out this authority.

Law enforcement has not detained McIver, who appeared in court on Wednesday. A judge released McIver on her own recognizance.

Mace said there was precedent for McIver's expulsion from the House, following former New York Representative George Santos' removal from his seat in 2023, as he faced criminal charges, for which he was later convicted.

What People Are Saying

Representative Nancy Mace, in her statement: "Members of Congress swear an oath to uphold the Constitution and the laws of this country—not to obstruct them. This isn't a matter of partisan politics. It's about whether we're going to hold Members of Congress to the same legal standards as every other American."

Representative LaMonica McIver, in a fundraising email following her court hearing Wednesday: "I went to an ICE facility in my district to conduct oversight because that is my job and my lawful right as a member of Congress."

What Happens Next

A preliminary hearing, which the judge stressed would occur in person, was scheduled for June 11.

This story includes reporting by the Associated Press.

Update 5/21/25, 5:10 p.m. ET: This article was updated with additional information.