NEWARK, New Jersey, May 15 (Reuters) - Lawyers for
Newark, New Jersey Mayor Ras Baraka said on Thursday they would
file motions to dismiss a charge that he had trespassed at a
privately run federal immigration detention center there last
week.
Baraka, who is running for the Democratic nomination for
governor in a crowded field, faces a misdemeanor charge of
trespassing at Delaney Hall, an offense that carries a maximum
penalty of 30 days in jail.
During the status conference in New Jersey federal court,
the mayor's counsel said they would seek dismissal on grounds
that President Donald Trump's Republican administration had
selectively prosecuted the Democratic mayor. The lawyers also
said the mayor was not subject to federal jurisdiction when
arrested.
The defense plans to file the motions next month.
"We believe that the mayor himself was targeted here," said
Rahul Agarwal, one of three lawyers at the defense table.
He said videos support the position that Baraka did not
commit a crime. "The mayor was invited into the facility on
Friday," Agarwal said, and was "outside the facility when he was
ultimately handcuffed and detained."
The arrest of Baraka, mayor of New Jersey's largest city, is
emblematic of the aggressive stance the Trump administration has
taken against officials who resist its immigration crackdown.
According to the criminal complaint, Baraka unlawfully
entered and remained in the Delaney Hall facility, run by GEO
Group Inc ( GEO ) under contract with the federal government.
"We believe there's clear evidence that the mayor was within
the property," Assistant U.S. Attorney Stephen Demanovich told
U.S. Magistrate Judge Andre Espinosa, who said a trial could
take place in late July, without setting a specific date.
During the conference, the prosecutor conferred with Alina
Habba, interim U.S. attorney for New Jersey, who sat in the well
of the courtroom. Last week, Habba said on the X social media
platform that Baraka had "committed trespass and ignored
multiple warnings" to leave the facility. "No one is above the
law," she wrote in capital letters.
Also last week on Fox News, Habba accused Baraka of
"grandstanding."
The hearing took place on the same day as a Wisconsin county
judge was scheduled to appear in federal court on charges she
had helped a migrant evade an immigration arrest in her
courtroom.
In Newark, the judge asked the defense lawyer if the mayor
was the only person arrested in the incident, which unfolded
while three Democratic members of Congress were conducting an
unannounced inspection of the center. "He was," answered
Agarwal.
A crowd of about 200 supporters rallied outside the
courthouse after Thursday's court session. Some protesters
carried signs reading "Protect Immigrant Rights and Due Process"
and "Close Delaney Hall."
Amol Sinha, executive director of the ACLU of New Jersey,
was among those outside court, and said Baraka's arrest was
egregious. "It is an intimidation tactic to bully those who
won't do the Trump administration's bidding."
Sinha noted that Trump has vowed to go after officials in
sanctuary cities, such as Newark, where laws limit cooperation
with federal immigration enforcement efforts.
The city of Newark sued GEO Group ( GEO ) after U.S. Immigration and
Customs Enforcement in February awarded a contract to the
private prison company for the 1,000-bed immigration processing
center, the largest on the U.S. East Coast.