U.S. Rep. LaMonica McIver is eight months pregnant and — after a skirmish with ICE — facing 17 years in jail
McIver’s inner strength is next level. She is running for reelection while fighting efforts by the Trump administration to jail her. Plus, she’s repping her constituents and caring for her family.
U.S. Rep. LaMonica McIver hasn’t put her life on hold to fight what she sees as totally unfounded charges by the Trump administration that she supposedly assaulted a U.S. Immigration and Customs Enforcement (ICE) officer during a protest last year.
Instead, the first-term Democratic congresswoman is expecting her second child next month, she’s up for reelection in November, and because of Congress’ backward policies on parental leave (as in, there are none), she continues to put in long hours representing New Jersey’s 10th Congressional District, which includes her hometown of Newark.
Lurking in the background, however, is the knowledge that if convicted on two charges of assaulting an ICE officer, she could be sentenced to as much as 17 years in prison.
It’s way more than most people in her situation could handle.
McIver’s inner strength is next level.
She is running for reelection on Nov. 3 while fighting efforts by the Trump administration to make an example out of her. McIver is also repping her constituents in Newark in Washington, D.C., all while caring for — and expanding — her family.
Her journey to motherhood hasn’t been easy. McIver, 40, has spoken openly about her yearslong struggles with fibroids, her use of in vitro fertilization (IVF), and her opposition to President Donald Trump’s merciless immigration enforcement campaign. She hopes her candor resonates with women who also are trying to balance career, pregnancy, and motherhood.
Meanwhile, she is scheduled to give birth to her second child on Oct. 16. After she delivers, McIver will become one of fewer than 20 members of Congress ever to have done so.
My jaw dropped during the interview in which McIver informed me that as a member of Congress, she isn’t entitled to maternity leave. Postpartum, McIver also won’t be able to cast votes for legislation remotely or by proxy.
“They give you nothing,” McIver said. “It makes no sense that you have to give birth and instead of focusing on healing and nursing, you have to literally put that to the side and share that with getting back to work. It’s honestly disgusting. It’s unbelievable in 2026 that this is where we are still at.”
Legislation that would have greatly helped her and other members of Congress in her position failed to garner adequate Republican support to pass last year. McIver blamed House Speaker Mike Johnson, among others, whom she said “don’t give a damn — and don’t want to make this a place that works for moms because they don’t want moms here.”
After the election on Nov. 3, McIver intends to immediately return to Washington and get back to work. Luckily, she will have help from her “great village” that includes her mother. “I’m a stickler about not missing votes,” McIver pointed out, adding, “There are so many things that Republicans are going to be trying to do.”
Trump has made a point of going after high-profile Black female elected officials such as New York Attorney General Letitia James and Lisa Cook, a governor of the Federal Reserve. Trump called McIver “woke” and “out of control.”
McIver, along with several other elected officials, had been attempting to inspect conditions at Delaney Hall, a 1,000-bed facility along an industrial stretch of land near Newark Liberty International Airport in May 2025 when a scuffle broke out.
McIver placed herself next to Newark Mayor Ras Baraka to shield him during the melee. I’ve watched the video numerous times. It doesn’t show her throwing a punch or striking anyone. No one was injured, either. But that didn’t stop Alina Habba, a former defense lawyer for Trump who briefly served as a U.S. attorney in New Jersey, from filing assault charges against McIver.
McIver attempted to get the charges dismissed. In August, an appeals court ruled that McIver’s actions were nonlegislative and not protected by constitutional immunity, which clears the way for legal proceedings against her to proceed.
Glynda C. Carr, the founder of Higher Heights for America PAC, described what happened as a “flash point” of the anti-immigration detention center movement that future generations will read about in history books.
“This is bigger than LaMonica McIver,” Carr said, adding that the case could establish a baseline for whether elected officials will be permitted to conduct oversight of ICE detention centers without fear of prosecution.
As for McIver, I’m sure her case will be tied up in the courts until after Trump leaves office, and then thrown out once new people come into office. Meanwhile, because members of Congress are prohibited from accepting pro bono legal work, McIver has to raise money to pay her legal bills, which are expected to exceed $1 million.
It’s a lot to juggle, along with being pregnant, serving as a member of Congress, and being under attack by a government hell-bent on making life more difficult for working women, especially African American women.
