NEWARK, NJ – Newark Mayor Ras Baraka has filed a federal lawsuit against acting U.S. Attorney for the District of New Jersey Alina Habba and Department of Homeland Security (DHS) Special Agent Ricky Patel, alleging false arrest, malicious prosecution, and defamation stemming from his May 9th arrest at a federal immigration detention facility.

Key Facts:

• Lawsuit Filed: Newark Mayor Ras Baraka initiated a federal lawsuit today against interim U.S. Attorney Alina Habba and DHS Special Agent Ricky Patel, seeking damages for false arrest, malicious prosecution, and defamation.
• Arrest at Detention Facility: The lawsuit stems from Baraka’s arrest on May 9th outside Delaney Hall, an immigration detention center, where he was charged with trespassing, a charge later dropped by Habba’s office.
• Judicial Reprimand: A federal judge previously admonished Habba’s office for the handling of Baraka’s arrest, calling it a “worrisome misstep” and noting that an arrest “should only be undertaken after a thorough, dispassionate evaluation of credible evidence.”

Baraka’s legal action comes on the first day of early in-person voting for the Democratic gubernatorial primary in New Jersey, where he is a candidate. The lawsuit claims that Habba and Patel acted outside their legal authority and with malice in orchestrating his arrest.

The Arrest and Its Aftermath

Mayor Baraka was arrested on May 9th outside Delaney Hall, a facility managed by GEO Group, a private prison company, which is being converted into an Immigration and Customs Enforcement (ICE) detention center. Baraka, a vocal critic of the Trump administration’s immigration policies, was attempting to join three Democratic members of Congress—Rob Menendez, LaMonica McIver, and Bonnie Watson Coleman—who were conducting an oversight tour of the facility. Baraka maintains he was invited inside the gate by a GEO Group employee to help calm a crowd of protesters.

Video evidence from the scene shows Baraka walking from the facility side of the fence to the street side before uniformed officials approached him for arrest. He was then handcuffed and led away. Habba, shortly after the arrest, posted on social media that Baraka “committed trespass and ignored multiple warnings,” a statement the lawsuit now claims was defamatory.

Charges Dropped, Legal Action Begins

Ten days after his arrest, Habba’s office announced that the trespassing charge against Baraka would be dismissed “for the sake of moving forward.” However, the charges against Rep. LaMonica McIver, who was also present and arrested, were not dropped; she faces two counts of assaulting and impeding law enforcement officials.

Before dismissing the charges against Baraka, U.S. Magistrate Judge Andre Espinosa issued a public reprimand to Habba’s office, stating that “The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of these trespassing charges a mere 13 days later, suggests a worrisome misstep by your Office.” The judge emphasized that “An arrest, particularly of a public figure, is not a preliminary investigative tool. It is a severe action, carrying significant reputational and personal consequences, and it should only be undertaken after a thorough, dispassionate evaluation of credible evidence.”

Allegations of Political Motivation and Defamation

Baraka’s lawsuit explicitly alleges that the arrest was politically motivated. His attorney, Nancy Erika Smith, stated that Habba “blatantly and publicly professed her plan to use the power of the office of the United States Attorney to help Republicans,” and that the administration is “clearly targeting Democratic elected officials with abuse and phony charges.” The lawsuit points to Habba’s social media posts as evidence of defamation, claiming she falsely accused Baraka of a crime despite evidence to the contrary.

The complaint further details that approximately 20 armed and masked DHS agents descended on the mayor and members of Congress, with Patel allegedly ordering agents to “take him down.” The lawsuit claims agents “pushed, shoved and assaulted” Baraka’s security team and members of Congress before arresting the mayor “without probable cause” and handcuffing him behind his back “in order to effect maximum humiliation.”

What are the potential impacts of this lawsuit?

The lawsuit seeks unspecified financial damages and attorney fees for the alleged false arrest, malicious prosecution, and defamation. Baraka has stated that the lawsuit is “not about revenge” but about “taking accountability for what has happened.” He also expressed a desire for an apology from federal authorities.

This legal battle unfolds against the backdrop of the New Jersey gubernatorial primary, where Baraka is a prominent contender. The timing of the lawsuit may influence public perception as voters head to the polls.