FILE - Congresswoman Rep. LaMonica McIver, D-N.J., exits the grounds at Delaney Hall, an ICE detention facility, May 9, 2025, in Newark, N.J, (AP Photo/Angelina Katsanis, File)

WASHINGTON (AP) — A House Republican proposed a resolution Wednesday to censure Democratic Rep. LaMonica McIver over an incident with law enforcement during a congressional oversight visit to a new immigration detention facility in her home state of New Jersey.

Republican Rep. Clay Higgins of Louisiana pushed forward the measure, which also calls for removing McIver from her seat on the Homeland Security Committee, as the House was preparing to recess for the August break. As a privileged resolution, it can be considered for swift action as soon as lawmakers return in September.

Higgins read from the resolution on the House floor, arguing that McIver violated the chamber rules that require a member “to behave at all times in a manner that shall reflect creditably on the House.” He said her continued service on the Homeland Security Committee “would represent a significant conflict of interest.”

The GOP action comes as House Republicans in the majority have been quick to punish Democratic lawmakers for transgressions large and small — and in this situation, before McIver's case has played out in court. She has pleaded not guilty to charges brought by interim U.S. Attorney Alina Habba, a Republican appointed by President Donald Trump, stemming from the May 9 incident. A trial date has been set for November.

The congresswoman has vowed not to be intimidated by the legal and political actions against her.

“Clay Higgins is a bigot who wants to be back in the news,” McIver said in a statement.

She pointed to the way House Republicans are “running home to hide,” having recessed for August break a day early.

“This resolution aims to kick me off the committee that presides over the Department of Homeland Security and shame me for doing the oversight work that is my job. Good luck, Clay,” she said.

Members of Congress have been conducting oversight of the federal detention centers that are being stood up by the Trump administration across the nation as part of the president's mass deportation agenda. Lawmakers have been assessing how best to conduct such work amid blowback by the Trump administration.

At the time, McIver, a new lawmaker first elected in 2024, was making the visit with other House Democrats and Newark Mayor Ras Baraka at the privately owned 1,000-bed facility that Immigration and Customs Enforcement is using as a detention center.

McIver was indicted on three counts of assaulting, resisting, impeding and interfering with federal officials. Two of the counts carry a maximum sentence of up to eight years in prison. The third is a misdemeanor with a maximum punishment of one year in prison.

Baraka was also arrested on a trespassing charge that was later dropped and is suing Habba over what he called a malicious prosecution.

A nearly two-minute video clip released by the Department of Homeland Security shows McIver at the facility inside a chain-link fence just before Baraka’s arrest on other side of the barrier, where other people were protesting.

The video shows McIver in a tightly packed group of people and officers. At one point her left elbow and then her right elbow push into an officer wearing a dark face covering and an olive green uniform emblazoned with the word “Police.”

It is not clear from police bodycam video if the contact was intentional, incidental or the result of jostling in the chaotic scene.

The prospect of a House censure used to be rare, with fewer than 30, but has become more frequent in recent years.

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Associated Press writer Matt Brown contributed to this report.

News from © The Associated Press, 2025