Higgins Seeks Censure Vote for McIver Following ICE Incident

Rep. Clay Higgins (R-La.) initiated a resolution on August 2, 2023, aiming to censure Rep. LaMonica McIver (D-N.J.) following her involvement in a confrontation at an immigrant detention facility. The resolution, which spans three pages, seeks to censure McIver and remove her from the House Homeland Security Committee. The House is currently in recess until September, meaning action on the resolution will not occur until then.

Higgins’ move coincided with the House’s departure for a weeks-long break, putting the matter on hold. According to House rules, leadership is required to address the resolution within two legislative days, either by scheduling a vote, referring it to a committee, or tabling it. The handling of this situation by Speaker Mike Johnson (R-La.) remains uncertain.

Historically, the House has censured 28 members, the most recent being Rep. Al Green (D-Texas) in March 2023 after a disruptive incident during President Donald Trump‘s joint address to Congress.

McIver has publicly opposed Higgins’ resolution, labeling him a “bigot” seeking media attention. In a post on the platform X, she criticized her colleagues for leaving the House floor early to avoid discussing Trump’s controversial connections. “This resolution aims to kick me off the committee that presides over the Department of Homeland Security and shame me for doing the oversight work that is my job. Good luck, Clay,” she stated.

The confrontation that sparked the censure motion occurred in May 2023 when McIver, along with other elected officials, visited an immigration detention facility in Newark, New Jersey. Tensions escalated when U.S. Immigration and Customs Enforcement (ICE) officers attempted to arrest Newark Mayor Ras Baraka (D) outside the facility. McIver is accused of assaulting law enforcement during this incident, specifically by using her forearms against officers.

While McIver denies the allegations, video footage shows her raising her arms amid the chaos. If convicted, she could face a significant penalty, with potential prison time of up to 16 years.

Members of the House Homeland Security Committee, including McIver, have been actively visiting detention facilities in response to the Trump administration’s efforts to ramp up immigration arrests. The administration’s promises of the largest mass deportation effort in U.S. history have drawn scrutiny and concern among lawmakers. Critics, particularly from the Democratic Party, assert that the Department of Homeland Security has attempted to limit visits by lawmakers to obstruct oversight.

The legal repercussions from the incident involving Mayor Baraka have also been a point of contention. Prosecutors, led at the time by interim U.S. Attorney for New Jersey Alina Habba, faced criticism for their handling of the charges against Baraka, which were subsequently dropped. In a recent hearing, U.S. District Judge Andre Espinosa remarked that the arrest suggested a “worrisome misstep” by the U.S. attorney’s office, noting the “apparent rush” in bringing the case, which ended with the government’s retraction of charges.

As the political landscape continues to evolve, the implications of Higgins’ resolution and McIver’s response may set the stage for further developments in Congress and the ongoing discourse surrounding immigration policy and oversight.