Newark Mayor Ras Baraka was arrested Friday for allegedly trespassing inside a US Immigration and Customs Enforcement (ICE) detention center in his city, interim US attorney for the District of New Jersey Alina Habba announced. She further added that he ‘committed trespass and ignored multiple warnings’ from Department of Homeland Security officials.
“He has willingly chosen to disregard the law. That will not stand in this state. He has been taken into custody,” Habba said on X, platform formerly known as Twitter. “NO ONE IS ABOVE THE LAW,” she added.
Read More: Why Newark Mayor Ras Baraka was arrested at New Jersey ICE center | Revealed
Can Ras Baraka Go to Prison?
Yes, Baraka could face imprisonment, depending on the charges filed, the severity of the offense, and the outcome of legal proceedings. Trespassing on federal property, especially an ICE facility, can carry significant penalties, particularly if additional charges like obstruction or interference with federal officers are applied. However, prison time is not guaranteed and depends on factors like plea agreements, judicial discretion, and Baraka’s lack of prior criminal history.
Potential Charges and Penalties
Based on the claim of trespassing and disregarding HSI warnings, Baraka could face the following charges under federal and New Jersey law:
Criminal Trespass (New Jersey State Law)
Statute: N.J.S.A. 2C:18-3 (Trespass) covers entering or remaining on property without permission after notice to leave.
Trespassing on Federal Property (Federal Law)
Statute: 41 C.F.R. § 102-74.385 and 18 U.S.C. § 930(h) address unauthorized entry onto federal facilities.
Obstruction of a Federal Officer
Statute: 18 U.S.C. § 111 prohibits resisting, opposing, or impeding a federal officer in their duties.
Disorderly Conduct or Inciting a Disturbance
Statute: 41 C.F.R. § 102-74.390 (federal) or N.J.S.A. 2C:33-2 (state) cover creating disturbances or inciting unlawful activity.
In 2018, Portland Mayor Ted Wheeler faced no charges after protesting outside an ICE facility. However, in 2020, several activists were charged with trespass and obstruction at ICE facilities in New York, receiving fines or probation rather than prison.
