The arrest and Its Aftermath

The legal action stems from a May 9 protest outside Delaney Hall, a privately operated immigration detention facility in Newark. Baraka, a vocal critic of the facility, participated in a tour of the 1,000-bed center alongside three Democratic members of the U.S. House of Representatives. Protesters gathered outside the gate during the visit.

According to the lawsuit, a member of the GEO Group, which owns Delaney Hall, permitted Baraka to enter the facility’s wire gate. However, once inside, Patel allegedly ordered him to leave under threat of arrest. Baraka complied, but shortly after, while standing with protesters outside the gate, Department of Homeland Security agents surrounded, handcuffed, and led him away.

the complaint claims Patel instructed agents to take [the mayor] down and that they pushed, shoved and assaulted Baraka’s security team before arresting him. Baraka has denied trespassing on the Delaney Hall grounds.

Legal Repercussions and Political Fallout

Habba initially filed a trespassing charge against Baraka related to the protest. However, she later moved to dismiss the charge, drawing criticism from Judge Andre Espinosa, who stated:

Your role is not to secure convictions at all costs, nor to satisfy public clamour, nor to advance political agendas.
Judge Andre Espinosa

Espinosa further added:

the hasty arrest of Newark Mayor ras Baraka, followed swiftly by the dismissal of those trespassing charges a mere 13 days later, suggests a worrisome misstep by your office.
Judge Andre Espinosa

The judge emphasized that an arrest,especially of a public figure,is not a preliminary investigative tool and should only occur after a thorough,dispassionate evaluation of credible evidence.

Concurrently with seeking the dismissal of the charge against Baraka, Habba announced her intention to pursue criminal charges against U.S. Representative LaMonica McIver, who also attended the Delaney Hall protest. Habba accused McIver of assaulting law enforcement during Baraka’s arrest, a case that remains ongoing. McIver has denounced the charges as purely political and voiced support for Baraka’s lawsuit, stating:

The way Mayor Baraka was treated at Delaney Hall was outrageous. It is beyond clear that there was never any legal or factual basis to arrest or charge him. The administration’s playing politics with our justice system is disgraceful.
U.S. Representative LaMonica McIver

Baraka’s allegations and Habba’s Response

Baraka’s lawsuit alleges that Habba’s actions were politically motivated and aimed at damaging him,especially given his candidacy in the upcoming New Jersey gubernatorial race. The lawsuit claims that in authorizing and/or directing the arrest of Mayor Baraka without proper legal grounds, Defendant Habba was acting for political reasons and fulfilling her stated goal of ‘turning New Jersey red’.

The complaint further asserts that other members of the Trump administration participated in promoting a false and defamatory narrative, including the claim that Baraka broke into the detention facility.

In response to baraka’s planned lawsuit, Habba suggested it was a waste of time, stating on social media:

He is planning to sue the Feds. My advice to the mayor – feel free to join me in prioritizing violent crime and public safety. Far better use of time for the great citizens of New Jersey.
Alina Habba

Baraka himself took to social media, writing, They abused their power to violently arrest me at Delaney Hall despite being invited inside. No one is above the law.

Background: Trump’s Immigration Policies and Delaney Hall

Habba joined the Trump administration following his second inauguration in January, having previously served on his personal legal team. Trump had pledged a policy of mass deportation during his term, which faced logistical challenges, including a shortage of detention space. His administration awarded Delaney Hall a 15-year contract to help meet the demand for beds,and the facility opened in May.

Baraka has contended that Delaney Hall did not receive the necessary local permits, a claim the GEO Group denies.Critics have accused the Trump administration of retaliating against those opposing the president’s policies, particularly his immigration crackdown.

FAQ: Key Questions About the Lawsuit

• Why is Mayor Baraka suing Alina Habba?

  He alleges malicious prosecution and false arrest stemming from his arrest at a protest outside an immigration detention center.

• Who else is named in the lawsuit?

  Ricky Patel, a special agent with the Department of Homeland Security’s investigations unit, is also a co-defendant.

• What is Alina Habba’s connection to Donald Trump?

  habba is a former U.S.attorney and previously served as one of Trump’s personal lawyers.

• What does Baraka claim was the motivation behind his arrest?

  He alleges the arrest was politically motivated to damage his reputation, especially as he runs for New Jersey governor.