Baraka’s defence team say they will file a motion to dismiss trespassing charges pursued by the Trump administration.
Lawyers in the United States have said they will file a motion to dismiss trespassing charges directed at Newark Mayor Ras Baraka, following his arrest during a protest at an immigrant detention centre in New Jersey.
During a hearing in a New Jersey federal court on Thursday, Baraka’s defence team said that they believed he was being selectively prosecuted by the administration of President Donald Trump.
“We believe that the mayor himself was targeted here,” said Rahul Agarwal, one of Baraka’s lawyers.
“The mayor was invited into the facility on Friday,” Agarwal added, pointing out that Baraka was “outside the facility when he was ultimately handcuffed and detained”.
Baraka himself attended the hearing and spoke to supporters outside afterwards. On social media, he framed the criminal complaint as a sham.
“Today, the U.S. Attorney General’s office chose to move forward with a trial over trespassing charges at Delaney Hall. While the charges are unwarranted, we will fight this,” Baraka wrote. “This is bigger than me. It’s about all of us.”
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The incident is the latest to underscore growing tensions between the Trump administration and local authorities who oppose his immigration crackdown.
Civil liberties groups have argued that the government is using its power to intimidate or coerce officials who do not align with its priorities on immigration.
The Trump administration’s complaint centres on the events of May 9, when lawmakers and protesters showed up at Delaney Hall, a new detention facility in Newark run by the private company GEO Group.
Baraka has long opposed the 1,000-bed facility, saying it lacks the proper permitting, and he has appeared outside its gates multiple times since its May 1 opening.
On the day of his arrest, Baraka joined three members of the US Congress — LaMonica McIver, Bonnie Watson Coleman and Rob Menendez — who arrived unannounced “to conduct lawful congressional oversight” of the facility, according to their statements afterwards.
Agarwal said that Baraka was the only person arrested in the incident. Baraka has maintained that he was invited in to the facility and shared a video on social media on Wednesday that he says shows a guard opening the gate to allow him inside the premises.
“Mayor Baraka was at Delaney Hall to join a tour of the detention facility with a congressional delegation as part of their authorized oversight responsibilities,” the American Civil Liberties Union (ACLU) said in a statement on the arrest of Baraka last week.
“Mayor Baraka — and lawmakers across New Jersey and the country — are being targeted by the Trump administration for refusing to be complicit with its ongoing violations of due process.”
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However, the government’s criminal complaint alleges that Baraka entered and remained inside the private facility despite multiple warnings to leave. He faces up to 30 days in prison.
“We believe there’s clear evidence that the mayor was within the property,” Assistant US Attorney Stephen Demanovich told US Magistrate Judge Andre Espinosa.
Video of the incident shows an official behind the gate at Delaney Hall telling Baraka he must return outside because “you are not a congressmember”.
Judge Espinosa on Thursday told Baraka he needed to be processed by US Marshals Service after proceedings came to an end.
The Associated Press said the request sparked a moment of confusion in the courtroom. Baraka pointed out that he had already been processed after his arrest, but ultimately agreed to give his fingerprints and take a mugshot a second time.
“They’re trying their best to humiliate and degrade me as much as they possibly can,” said Baraka. “I feel like what we did was completely correct. We did not violate any laws. We stood up for the constitution of this country, the constitution of the state of New Jersey.”
Baraka is considered a leading candidate in the 2025 New Jersey governor’s race.