Rep. LaMonica McIver opens up about pregnancy, prosecution and a fight she says is bigger than herself

When U.S. Rep. LaMonica McIver (D-N.J.) dreamed of expanding her family, she never imagined that she’d be simultaneously fighting for her freedom in federal court.

“It is just crazy to me that I can be going through this, and this is okay, and I was doing my job as a member of Congress,” she says during an extended interview with theGrio about her more than one-year-long legal battle.

McIver, who is expecting her second child in the fall, is facing 17 years in prison in a case brought by the Trump Justice Department. Despite her lawyers’ attempt to have the case dismissed, the New Jersey lawmaker’s fate is currently in the hands of the U.S. Court of Appeals for the Third Circuit. The appellate panel of judges will decide whether the charges against her should be dropped on the grounds of legislative immunity or whether the federal government can proceed with its prosecution.

“We feel confident, but at the same time…you’re on pins and needles waiting for this decision,” McIver tells theGrio.

Following a chaotic, physical altercation with federal officers outside of an immigrant detention center on May 9, 2025, the 40-year-old freshman congresswoman was hit with federal criminal charges by then New Jersey U.S Attorney Alina Habba, a former personal lawyer for President Donald Trump. Habba, who was removed from office on grounds of serving in office unlawfully without a U.S. Senate confirmation, accused McIver of assaulting a federal officer and “forcibly impeding and interfering” with an arrest.

Video captured of the incident shows officers arresting Newark Mayor Ras Baraka, who joined Rep. McIver, and two other members of Congress, in conducting an oversight visit of Delaney Hall, a federally-operated detention facility accused of human rights abuses on individuals detained by the Trump administration. To date, two detainees have died inside the facility. McIver tried to prevent Baraka’s arrest amid a large crowd of protesters as officers shoved their way through to take the Black mayor into custody. Despite a federal judge ruling Baraka’s arrest illegal and the DOJ dropping the charges, the agency instead brought charges against McIver.

“I honestly thought that this whole thing was like a joke,” McIver recalled from when she first learned of the criminal indictment on social media. The congresswoman dismissed it as “political prosecution.”

Despite the high stakes, the pregnant U.S. congresswoman, who is serving in Congress while running for re-election and fighting a federal court case, is taking it all in stride. She tells theGrio she has been leaning on “balance and prayer.”

“I have been really consumed in the joy of my life…I’m happy to be expanding my family. It’s something that I have worked extremely hard to do,” said McIver, who has continued to visit Delaney Hall to meet with immigrant detainees and speak out against ICE practices.

The congresswoman said she believes the Trump administration thought its prosecution against her would have silenced or intimidated her from doing her job, as she tried to do on May 9, 2025. Instead, she said the case has “lit a fire” for her to ensure that she is “speaking out and holding this administration accountable every step of the way,” adding, “American citizens are being killed in broad daylight. We know that it’s wrong, and we refuse to be quiet about it.”

Though McIver remains energized and focused on legislating and advocating for her constituents, that doesn’t mean the fight has been easy over the past year. She’s faced hardship in raising campaign funds while simultaneously paying her legal fees, which total up to $1 million.

“I’m not a millionaire. I’m not one of those members of Congress who came here worth billions of dollars or millions of dollars,” she told theGrio.

While McIver expressed gratitude to many of her colleagues for their support, particularly fellow members of the Congressional Black Caucus, she expressed frustration with the Democratic “establishment” for not doing enough to help.

“All I need is a secured $1 million to fight a case, and people are spending $70 million on races. So to me, the establishment itself…should have a little bit more foot in the game with this situation because, at the end of the day, I don’t think it’s going to stop happening,” she warned. “I’m still in this battle, and it’s a real fight because it comes with real consequences, and I need real solutions to be able to battle it. It’s disheartening.”

McIver said she does believe things would be different if she were a white man, telling theGrio, “I think one thing we don’t take into account that it’s hard for Black women in general to raise dollars in this political arena.”

Still, the New Jersey congresswoman says she remains hopeful and resolute as she awaits the decision on her appeal.

“I’m not letting up on my service to the community,” said McIver, adding, “I need for [the public] to join me in this fight, join me on the front lines to making sure that we stand up for the greater good, for our neighbors, for what’s right.”

As McIver continues to fight to protect immigrant communities and residents of her district, she says she hopes her daughter and her unborn child can look back on this moment and be proud of their mother for refusing to back down.

“I want my kids to look back and say, ‘Oh, my mom, she stood up for people,’” she told theGrio. “I was raised to be in a protective mode…to be able to protect people because that’s what we should be doing. That’s what makes the world better. That’s what makes people better, [and] I hope that’s what makes my children better.”

She added, “I hope I bring another child into the world that understands that those are the type of people that we should be.”