The battle between federal prosecutors and Democratic leadership in New Jersey escalated dramatically Monday as Newark Mayor Ras Baraka filed a federal lawsuit against Interim U.S. Attorney Alina Habba, accusing her of false arrest, malicious prosecution, and political targeting.
The lawsuit, filed in U.S. District Court, also names Ricky Patel, Special Agent in Charge of Homeland Security Investigations (HSI) in Newark, as a co-defendant. Baraka’s legal team claims the high-profile arrest and rapid dismissal of charges were politically motivated and violated multiple constitutional protections.
Background: Baraka’s Arrest and Fast-Tracked Dismissal
Mayor Baraka was arrested last month for misdemeanor criminal trespass after leading a group of protesters into the Delaney Hall ICE detention facility. The protest, which Baraka described as a “peaceful act of civil disobedience,” resulted in his brief detainment by federal authorities under Habba’s directive.
Within days, Habba’s office abruptly dropped the charges, prompting widespread speculation about the motive behind the arrest and the strength of the case.
Federal Magistrate Judge Andre Espinosa publicly criticized the prosecution’s conduct during a virtual hearing, warning Habba to avoid further public commentary and stating:
“The arrest and swift decision to dismiss charges against Ras Baraka suggests a worrisome misstep. Prosecutors must operate with a higher standard.”
The Lawsuit: Constitutional Violations and Political Targeting
The 17-page federal complaint filed by Baraka’s attorneys accuses Alina Habba of acting as a “political operative, not a prosecutor,” and alleges violations of:
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The Fourth Amendment (unlawful seizure)
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The First Amendment (retaliation for protected political expression)
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The Fifth Amendment (due process violations)
Baraka’s legal team argues that his arrest was retaliatory, stemming from his public criticism of Trump-era immigration policies and his ongoing advocacy for sanctuary protections in Newark.
The lawsuit also alleges that Homeland Security’s Ricky Patel coordinated with Habba’s office to justify the arrest in what Baraka’s counsel called a “manufactured criminal event.”
Habba Responds: “The Rule of Law Will Not Be Politicized”
On Monday evening, Alina Habba issued a fiery response on Truth Social, slamming Baraka’s lawsuit as a “desperate PR stunt.”
“Ras Baraka violated federal property protocols and obstructed a lawful government facility. No amount of political grandstanding changes that,” Habba wrote. “We will vigorously defend this case and the rule of law.”
She also criticized Baraka’s office for “leaking news of the lawsuit” prior to its filing, claiming it was meant to generate media sympathy.
A High-Stakes Clash With 2026 Implications
This lawsuit puts Alina Habba—long viewed as a rising star in Trump’s Justice Department—squarely at the center of a national firestorm over prosecutorial discretion, political targeting, and immigration enforcement.
Mayor Baraka, meanwhile, is being hailed by progressives as a symbol of resistance and may now emerge as a higher-profile figure in national Democratic circles.
With federal funding, civil liberties, and political futures on the line, this case is shaping up to be far more than a local dispute—it’s a preview of the legal and political battles ahead in 2026 and beyond.