In September 2025 and May 2025, elected officials—including state lawmakers, members of Congress, and a mayor—were arrested by federal agents during attempts to inspect detention facilities operated by U.S. Immigration and Customs Enforcement (ICE). The arrests occurred at two locations: 26 Federal Plaza in New York City and Delaney Hall in Newark, New Jersey.
However, DHS disputes whether 26 Federal Plaza houses a detention facility, characterizing the 10th floor as only a short-term processing space—a factual disagreement that framed the legal and political conflict. The arrests raised questions about the balance between legislative oversight authority and federal facility security. At least 75 elected officials, clergy members, and advocates were arrested across both incidents in 2025, drawing sharp political responses and legal challenges that continue into 2026.
Table of Contents
- The New York City Incident and Court-Ordered Compliance
- The Newark Mayor and Congressional Visit
- Federal Charges and Political Response
- Acquittals, Prosecutions, and Continued Inspections
- Frequently Asked Questions
The New York City Incident and Court-Ordered Compliance
On September 18, 2025, NYC Comptroller Brad Lander and 10 state lawmakers were denied entry and detained inside 26 Federal Plaza after attempting to inspect the 10th floor. The lawmakers—state senators Gustavo Rivera, Jabari Brisport, and Julia Salazar, and Assembly Members Emily Gallagher, Bobby Carroll, jessica González-Rojas, Marcela Mitaynes, Claire Valdez, Tony Simone, and Steven Raga—stated they sought to verify compliance with a federal court preliminary injunction issued the day prior requiring the facility to address overcrowded and unsanitary conditions.
A judge had ruled that conditions at 26 Federal Plaza violated federal law. The officials were zip-tied and taken into custody by DHS officers; they were released by evening and issued federal summonses, with court dates scheduled for November 2025. The detention lasted several hours and sparked immediate calls for accountability from the arrested lawmakers and civil rights groups.
The Newark Mayor and Congressional Visit
Earlier in 2025, on May 9, Newark Mayor Ras Baraka was arrested outside Delaney Hall ice detention center after joining three members of Congress—Reps. Rob Menendez, Bonnie Watson Coleman, and LaMonica McIver—in an attempt at an unannounced oversight inspection. Baraka spent approximately 5 hours in custody before release without bond.
The lawmakers and mayor claimed they had been invited onto the property before arrest and denied DHS characterizations that they "stormed the gate and broke into the detention facility," while asserting they had the legal right to conduct unannounced oversight visits to ICE facilities. Unlike the nyc incident—where the court order gave the lawmakers a legal basis for the inspection—the Newark visit occurred without prior judicial authorization, making the oversight claim less legally grounded in existing orders.
Federal Charges and Political Response
The consequences diverged between the two incidents. Brad Lander was tried on a misdemeanor charge of obstructing an elevator bank, but a U.S. Magistrate Judge found the government had "failed to prove its case beyond a reasonable doubt" and acquitted him on all charges in June 2026. In contrast, Rep. LaMonica McIver was later charged federally with accusations of shoving federal agents during the May incident; she pleaded not guilty to charges carrying a maximum sentence of 17 years and claimed retaliation for conducting oversight.
The political response was sharp and divided. Homeland Security Secretary Kristi Noem accused the Democratic lawmakers of committing "felonies," while Republicans introduced a resolution to strip them of House committee assignments. The arrests exposed a fundamental disagreement: members of Congress argued they held statutory authority to conduct unannounced inspections of detention facilities as a legislative check on executive power, while DHS and ICE asserted that the facilities were secure federal installations where access could be denied on security grounds.
Acquittals, Prosecutions, and Continued Inspections
The acquittal of Brad Lander and the ongoing trial of Rep. McIver underscore the legal uncertainty surrounding the authority of elected officials to access ICE detention facilities. As of August 2025, Reps. Menendez and McIver publicly vowed to continue conducting oversight visits at ICE detention facilities; on December 23, 2025, Menendez conducted another inspection at Delaney Hall alongside Reps.
McIver and Yvette Clarke, demonstrating a pattern of repeated attempts despite the risk of federal charges. The continued inspections—particularly by Rep. McIver, who claimed the charges were retaliation for her oversight—suggest that at least some lawmakers view the oversight authority as non-negotiable. For readers concerned about ICE detention conditions, these incidents highlight both the difficulty elected officials face in obtaining independent information about facility conditions and the ongoing dispute over what investigative power Congress and state governments actually possess at federal detention sites.
Frequently Asked Questions
Do members of Congress have the legal right to conduct unannounced inspections of ICE detention facilities?
Members of Congress claim they possess this authority under federal statute, but DHS disputes it. The question remains legally contested; Brad Lander's acquittal suggests a court skeptical of the government's enforcement, while Rep. McIver's pending trial continues to test the boundaries of this authority.