Censuring Representative LaMonica McIver of New Jersey.

Bill Number: H.Res. 408
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Congress
Status: Introduced
Latest Action: 2025-05-13: Referred to the House Committee on Ethics.
Last Updated: 2025-05-22T12:56:34Z

AI-Generated Summary

Purpose

This resolution (H. Res. 408) aims to formally censure Representative LaMonica McIver of New Jersey for her alleged involvement in an incident at a federal immigration detention facility, emphasizing the need for members of Congress to uphold the law and maintain public trust in the legislative branch.

Key Provisions

Background Allegations: The resolution cites an incident on May 9, 2025, at the Delaney Hall Detention Center in Newark, New Jersey, a secure federal facility run by U.S. Immigration and Customs Enforcement (ICE). It alleges that Representative McIver and others entered the facility without authorization during the arrival of a bus with detainees, disrupting operations and endangering law enforcement and detainees.
Evidence and Legal Reference: It references body camera footage showing McIver assaulting and intimidating federal officers, noting that such actions violate 18 U.S.C. § 111 (a federal law prohibiting assault, resistance, or interference with officers performing official duties).
Censure Actions:
The House of Representatives formally censures Representative McIver.
She must appear in the "well" of the House (the area in front of the Speaker's rostrum) for the censure to be pronounced.
The Speaker will publicly read the resolution as part of the censure.
The House Committee on Ethics must investigate McIver and consider additional disciplinary measures under House rules.

Significant Changes to Existing Law

This resolution introduces no changes to existing federal laws. It is an internal congressional action focused on discipline, not legislation that amends statutes or policies. It references but does not alter 18 U.S.C. § 111.

Potential Impacts

On Government Agencies: May indirectly support Department of Homeland Security (DHS) and ICE operations by reinforcing accountability for interference at federal facilities, potentially deterring similar incidents.
On Citizens: Could affect public perception of congressional integrity, emphasizing that elected officials are held to high standards of conduct; it has no direct impact on individual rights or services.
On International Relations: Minimal, as the incident involves domestic immigration detention, though it touches on federal enforcement of immigration policies.

Main Stakeholders Affected

Representative LaMonica McIver: Directly targeted, facing reputational damage, public humiliation, and potential further House penalties.
House of Representatives and Committee on Ethics: Responsible for implementing the censure and conducting the investigation, which could set precedents for handling member misconduct.
Federal Law Enforcement (DHS/ICE Officers): Indirectly affected, as the resolution validates their authority and highlights risks they face from unauthorized interference.
Public and Taxpayers: Broader stakeholders, as it addresses maintaining trust in Congress, funded by public resources.

Notable Legal, Constitutional, or Political Implications

Legal: While the resolution alleges a violation of federal criminal law (18 U.S.C. § 111), it does not initiate prosecution; any criminal charges would be handled separately by the Justice Department. The censure itself is a non-criminal, internal sanction.
Constitutional: Aligns with Article I, Section 5 of the U.S. Constitution, which grants each congressional chamber the power to "punish its Members for disorderly Behavior" and, with a two-thirds vote, expel them. Censure is a milder form of discipline than expulsion.
Political: As a partisan resolution introduced by Representative Timmons and referred to the Ethics Committee, it could fuel debates on congressional accountability, member conduct during oversight activities (e.g., immigration issues), and the balance between free speech/protest rights and respect for federal authority. If passed, it may influence intra-party dynamics or public views on immigration enforcement.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Timmons, William R. [R-SC-4]

Cosponsors (3)

Rep. Biggs, Andy [R-AZ-5], Rep. Harrigan, Pat [R-NC-10], Rep. Tenney, Claudia [R-NY-24]

Recent Actions

2025-05-13: Referred to the House Committee on Ethics.
2025-05-13: Submitted in House
2025-05-13: Submitted in House

Bill Versions

Censuring Representative LaMonica McIver of New Jersey. — issued 2025-05-13 — PDF (2 pages)