Newark Mayor Ras Baraka has filed a lawsuit against Alina Habba, the interim U.S. Attorney for New Jersey, alleging violations of his constitutional rights and defamation following his arrest at a federal immigration detention center last month. Habba, associated with the previous Trump administration, and Ricky J. Patel, a Homeland Security investigations special agent, are named in the suit.
The lawsuit stems from Baraka’s arrest on trespassing charges on May 9 while he and several members of Congress attempted to enter an Immigration and Customs Enforcement (ICE) facility in Newark to investigate detainee conditions. Although the charges were subsequently dropped, Baraka claims his Fourth Amendment rights were infringed upon due to false arrest and malicious prosecution.
Baraka contends that he was granted access by a security guard to manage protests outside the facility, but his presence was met with forceful removal by law enforcement agents, whom he alleges acted without probable cause. Reports indicate that Habba had publicly accused Baraka of disregarding warnings to leave, but later dismissed the charges to expedite the situation.
The lawsuit references remarks by Magistrate Judge André Espinosa, who criticized the U.S. attorney’s office for the manner of Baraka’s arrest, emphasizing their duty to impartiality and the fair application of law rather than political motivations.
In the lawsuit, Baraka seeks financial compensation for what he describes as severe reputational damage and emotional distress caused by this “malicious prosecution.” He accuses Habba of politically motivated actions aimed at undermining him due to his affiliation with the Democratic Party.
In an adjacent matter, the Justice Department charged Rep. LaMonica McIver with assaulting law enforcement during the same incident, and the DOJ has initiated lawsuits against various New Jersey cities, including Newark, pertaining to their sanctuary policies. Baraka has expressed his opposition to these federal actions, reaffirming his commitment to constitutional principles and local governance in immigration matters.
The Department of Homeland Security and Justice Department have not provided comments regarding the lawsuit as of yet. This unfolding situation highlights ongoing tensions between local and federal authorities over immigration enforcement practices and constitutional rights, emphasizing the need for dialogue in pursuing public safety while upholding individual liberties.