Alina Habba drops federal trespassing charge against Dem mayor, offers ICE facility tour: 'Nothing to hide'

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Newark, New Jersey, Mayor Ras Baraka is no longer facing a federal trespassing charge over an incident earlier this month at Delaney Hall, a privately operated Immigration and Customs Enforcement (ICE) facility in his city.

"After extensive consideration, we have agreed to dismiss Mayor Baraka's misdemeanor charge of trespass for the sake of moving forward," acting U.S. Attorney for the District of New Jersey Alina Habba said in a statement on Monday evening.

"In the spirit of public interest, I have invited the mayor to tour Delaney Hall. The government has nothing to hide at this facility, and I will personally accompany the mayor so he can see that firsthand," she continued.

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However, Rep. LaMonica McIver is being charged for allegedly "assaulting, impeding, and interfering with law enforcement." Fox News has learned that McIver must turn herself in as soon as possible, though it is up to the magistrate on the specifics of when she must turn herself in and how.

"I am glad that the U.S. Attorney has agreed that this case should be dismissed," he said. 

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"I have had strong relationships with prior U.S. Attorneys, and I plan to speak with the current U.S. Attorney about issues on which we can cooperate. As to Delaney Hall, I will continue to advocate for the humane treatment of detainees, and I will continue to press the facility to ensure that it is compliant with City of Newark codes and regulations."

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"I understand that the U.S. Attorney has chosen to charge Congresswoman LaMonica McIver with assaulting law enforcement," Baraka continued. "Congresswoman McIver is a daughter of Newark, past Newark Council President, a former student of mine, and a dear friend. I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated."

Baraka and three congressional lawmakers - McIver, Robert Menendez Jr. and Bonnie Watson Coleman - were outside the ICE facility earlier this month with a group of protesters when the gates opened to allow an ICE bus in. All four officials then allegedly rushed through the gates past security, according to officials from the Department of Homeland Security (DHS). 

"If it was a typical U.S. citizen, and they tried to storm into a detention facility that's housing dangerous criminals or any person at all, they would be arrested," DHS Assistant Secretary Tricia McLaughlin told "Fox News Live" host Kevin Corke earlier this month. "Just because you are a member of Congress or just because you're a public official, does not mean you are above the law."

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Baraka's arrest triggered a local political firestorm, as he is also in the Democratic primary for governor. He appeared in court last Thursday for a status conference, where the case was expected to proceed to trial at the time for the class C misdemeanor charge. The court appearance led supporters of Baraka to rally outside the Newark federal courtroom, and Habba personally showed up to the conference. 

Fox News' Greg Wehner and Alexis McAdams contributed to this report.