Several posts on X, the social media platform formerly known as Twitter, made by the Department of Homeland Security (DHS) referencing a May incident at the Delaney Hall immigrant detention center in Newark, New Jersey, in which U.S. Representative LaMonica McIver was charged with assaulting federal immigration officers, have been removed following a court order from Biden-appointed U.S. District Judge Jamel Semper.
Rep. LaMonica McIver (D-N.J.) was charged in May after an altercation during a congressional visit to the Delaney Hall immigrant detention center. The charges allege that she assaulted federal immigration officers while conducting what she described as oversight duties. McIver has pleaded not guilty, and if convicted, she could face up to 17 years in prison — a staggering potential sentence that underscores the seriousness of the allegations.
McIver’s legal team has argued that the charges violate the Constitution’s Speech or Debate Clause, claiming the case is politically motivated. Yet, video evidence showed her physically pushing and striking a federal ICE agent, adding complexity to her defense and fueling public debate.
Following the May incident, the DHS issued several statements and social media posts sharply criticizing McIver and other Democratic lawmakers who visited Delaney Hall that day. These statements characterized the lawmakers’ actions as reckless and unsafe, sparking controversy over whether a government agency could publicly comment on an ongoing case involving a sitting member of Congress.
In response, McIver’s attorneys filed a motion to prohibit the government from making what they described as “extrajudicial statements” that could prejudice ongoing legal proceedings. According to the New Jersey Globe, the motion cited eight posts on X and one official press release as examples. Newsweek reported that the legal filing emphasized the risk that such statements could shape public perception before the case was fully adjudicated.
“As of this afternoon, the posts referenced in Defense Exhibits N through U have been removed,” U.S. Deputy Attorney General Todd Blanche noted in a legal filing dated October 30, according to Newsweek. “The post referenced in Defense Exhibit V, however, remains available on X.com, as it appears to be controlled by a journalist and private citizen, and the Government lacks the authority to remove the post.”
The order came after a hearing held on October 21, during which Judge Semper heard arguments from both the Department of Justice and McIver’s legal team. At that time, the court directed the government to remove the posts and provide an update within a week. However, by November 6, the Department of Justice had not fully complied, prompting McIver’s attorney, Lee Cortes, to submit a letter to the judge noting continued noncompliance.
“Even with the additional time, DHS again has failed to remove all of the public statements that Congresswoman McIver brought to the government’s and the Court’s attention,” Cortes wrote, according to Newsweek. He further requested that the court consider issuing sanctions if DHS were to post such statements again, highlighting the ongoing tension between government communications and judicial oversight.
Cortes described the situation metaphorically as “playing Whac-A-Mole” with government officials who make statements “that have absolutely no connection to the indictment,” pointing out how difficult it has been to mitigate potentially prejudicial content online.
Among the posts removed was one stating: “Delaney Hall Detention Center houses the WORST OF THE WORST! This stunt by sanctuary lawmakers puts the safety of our law enforcement agents and detainees at risk.” Another referenced McIver directly: “What happened on May 9 at Delaney Hall was not oversight. It was a political stunt that put the safety of our law enforcement agents, our staff, and our detainees at risk. This behavior was lawless, and it was beneath this body. Members of Congress are not above the law.”
McIver appeared in federal court last month to continue her fight against a three-count indictment accusing her of impeding and interfering with federal officers at the Newark ICE detention facility. Judge Semper did not rule on her motion to dismiss the charges, but he expressed concern over the DHS statements remaining public. The judge warned that “fact-free” social media posts from government officials could prejudice a future jury pool, emphasizing that such statements are highly problematic while a case is still pending.
The removal of the posts represents a significant development in the case, balancing the constitutional rights of a sitting member of Congress with the government’s interest in communicating about law enforcement. It also raises broader questions about the role of social media in shaping public perception of legal matters, especially when those matters involve elected officials and politically sensitive contexts.
As the legal proceedings continue, McIver’s case remains a focal point in the ongoing debate over congressional oversight, governmental accountability, and the boundaries of speech in politically charged investigations.