Ras Baraka, the mayor of Newark and current candidate for governor of New Jersey, was arrested at the Delaney Hall immigration detention center in his own city on May 9. Federal authorities are charging him with trespassing, which refers to entering or remaining on private property without authorization.
What Is Trespassing?
The crime of trespass occurs when a person enters or remains on private property without the owner's consent. This act can be punished both criminally and civilly, depending on the circumstances and the state where it occurs. Being a public official such as a mayor or police officer does not grant the right to enter private property. To enter a private residence or building, government officials would need either permission from the owner or a judicial warrant.
What Is Delaney Hall, the Newark Detention Center?
Most immigration detention centers in the United States are operated by private companies such as GEO Group and CoreCivic. This practice has been criticized by human rights advocates who argue the facilities operate as highly lucrative businesses at the expense of immigrants.
In February 2025, ICE announced a $1 billion contract with GEO Group to operate a new detention center in Newark, with a 15-year term. GEO Group, for its part, assured its investors that the center would be a significant revenue generator. The center opened on May 1 of this year. Mayor Baraka had filed a lawsuit to block its operation, arguing that the two-story, 1,000-bed building did not meet construction requirements or local regulations.
The Lead-Up to the Arrest
Baraka was at Delaney Hall with three members of New Jersey’s congressional delegation. The three members of Congress wanted to tour the facility as part of their Congressional oversight duties. According to the facility, they did not arrange such a visit beforehand.
The four were stopped at the entrance. Eventually, Baraka was detained for several hours and charged with trespassing. The three members of Congress did eventually see the facility and speak to detainees. ICE has said the members of Congress could also face charges, but none have been filed yet.
Video Footage
Both the federal government and Mayor Baraka argue video footage supports their positions. Baraka has argued he was allowed inside of the building and cooperated with the DHS. Baraka wrote on X:
This is the moment I was invited into Delaney Hall. Nobody was kicking or shoving like the coverage suggests. We were invited in. pic.twitter.com/ecDrEhMQkr
— Ras J. Baraka (@rasjbaraka) May 14, 2025
If it is proven that Baraka was telling the truth and he was indeed allowed in, then the entry would have been legal. This will be a question of fact for a jury to decide, if the federal government does not drop the charges or a plea deal is reached.
The Department of Homeland Security (DHS) maintains that Baraka and other protesters forced their way in, taking advantage of the arrival of a bus with detainees. Tricia McLaughlin, the assistant secretary of public affairs for DHS, told CBS News that "We actually have body camera footage of some of these members of Congress assaulting our ICE enforcement officers, including body-slamming a female ICE officer, so we will be showing that to viewers very shortly." It is not clear if video has been released that is different from what was published by The Associated Press, however.
That AP video shows a DHS officer telling Baraka that he could not enter because he was not a member of Congress. After this exchange, Baraka retreated to the other side of the fence, where the protesters were. It was there, outside the building, that he was arrested.
The key to determining the legality of the entry will depend on whether Baraka was actually invited to enter and that the person who authorized him had the legal authority to do so.
Related Resources
- Deportation Basics (FindLaw's Immigration Law)
- Wisconsin Judge Part of Immigration Arrest (FindLaw's Courtside)
- Trespassing Basics (FindLaw's Learn About the Law)
