Newark mayor sues interim US attorney for false arrest, malicious prosecution

Alina Habba swears to protect ‘American safety’ from those ‘violating federal law’

Interim Top Federal Prosecutor for the District of New Jersey Alina Habba addresses reports that New Jersey Governor Phil Murphy has allegedly ordered police to stop cooperating with ICE on ‘Hannity.’

Newark Mayor and Democratic gubernatorial hopeful Ras Baraka filed a lawsuit Tuesday against interim U.S. Attorney for New Jersey, Alina Habba, accusing her of false arrest and malicious prosecution in connection with his May 9 arrest and charges outside a federal immigration center.

The lawsuit, filed in the U.S. District Court in New Jersey, accuses Habba of acting politically in Baraka's May 9 arrest outside the Delaney Hall detention center, near Newark Liberty International Airport. The office quickly dropped the charges against him.

Baraka is seeking damages for what he described as his "false arrest and malicious prosecution," as well as the allegedly defamatory remarks Habba made about his case, including on social media. The complaint includes screenshots of her remarks.

FILE - Alina Habba speaks after being sworn in as interim US Attorney General for New Jersey, in the Oval Office of the White House in Washington, on March 28, 2025. (Pool File via AP)

Baraka was briefly charged with criminal trespassing last month outside the Delaney Hall federal immigration detention center, a 1,000-bed facility near Newark, New Jersey.

The charges against Baraka were quickly dropped.

In the lawsuit, Baraka's lawyers accused Habba of acting as "a political operative, outside of any function intimately related to the judicial process, and in her individual personal capacity."

It also accuses her of green-lighting the arrest despite "clear evidence that Mayor Baraka had not committed the petty offense of ‘defiant trespass.’" Also named as a defendent in the case is Ricky Patel, a DHS Investigations agent in charge in Newark.

The news comes as Baraka, a prominent progressive figure, continues his ongoing gubernatorial campaign ahead of the June 10 Democratic primary. 

This is a developing news story. Check back for updates.

Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.