Federal prosecutors allege that on May 9, McIver, who represents New Jersey’s 10th Congressional District, forcibly struck and obstructed two federal agents during a confrontation at Delaney Hall, an Immigration and Customs Enforcement (ICE) detention center used by the Department of Homeland Security.

McIver denounced the charge as "purely political" and said prosecutors are distorting her actions in an effort to deter legislative oversight.