Newark’s Democratic mayor, Ras Baraka, filed a lawsuit Tuesday against interim U.S. Attorney for New Jersey Alina Habba after she charged him with trespassing at a federal immigration facility last month.
Baraka claims that Habba and Homeland Security Investigations supervising agent Ricky Patel, who was the lead officer in charge of arresting the mayor last month, violated his Fourth Amendment rights against “false arrest and malicious prosecution.” Baraka’s suit also accuses Habba of defamation.
Habba charged Baraka with trespassing at a federal immigration facility during an altercation on May 9, but later dropped the charge.
Habba “acted as a political operative, outside of any function intimately related to the judicial process, and in her individual personal capacity,” the <a href="https://mcusercontent.com/4a79b9be775bc92174318c05e/files/25bd88da-35a4-79cb-2804-b61dafa9349a/filedcomplaint.6_3_25.pdf">lawsuit</a> says. Patel “in this matter acted outside the scope of his employment and in his individual capacity.”
Baraka is one of six Democrats running in the primary to be the next governor of New Jersey. Baraka is <a href="https://www.nbcnews.com/politics/elections/newark-mayor-ras-barakas-arrest-shake-new-jerseys-democratic-primary-g-rcna206273">campaigning</a> as an action-oriented progressive in the crowded primary. The super PAC supporting his candidacy, One New Jersey United, has already begun funding ads highlighting his May 9 arrest.
The lawsuit’s filing coincides with the first day of early voting ahead of the June 10 primary for the New Jersey governor’s race.
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The mayor arrived at Delaney Hall, used by Immigration and Customs Enforcement to house illegal immigrants, at the invitation of Democratic congressmen who wanted to inspect the facility as part of their congressional oversight authority. Baraka stood outside the facility while the assembled crowd began to call for him to be let inside, according to the lawsuit.
Baraka was later invited inside the gate of Delaney Hall by a guard who wanted to “calm the crowd,” the suit says. Patel later approached Baraka and directed him to leave. Baraka did not initially follow the order, but stayed to argue with Patel.
After finally leaving the property, Baraka was arrested and handcuffed “in an effort to effect maximum humiliation,” the lawsuit says.
On Monday night, Habba dismissed Baraka’s expected lawsuit in a post on X.
“‘Shocking’ leak from Mayor Baraka’s team: He is planning to sue the Feds,” Habba <a href="https://x.com/AlinaHabba/status/1929728392649114062">wrote</a>. “My advice to the mayor &#8211; feel free to join me in prioritizing violent crime and public safety. Far better use of time for the great citizens of New Jersey.”

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Newark Mayor Sues Trump DA Over ‘False Arrest’ After ICE Facility Flap