Fact Check

Was Sen. Andy Kim pepper sprayed by ICE at protest outside New Jersey detention facility?

Kim visited Delaney Hall on May 25, 2026, and later described a confrontation outside the facility between protesters and federal agents.

by Aleksandra Wrona, Published May 27, 2026


This image shows New Jersey Sen. Andy Kim holding a megaphone and protesting at a detention facility in May 2026. In the lower right corner circled in yellow, an image shows Kim purportedly receiving medical treatment for pepper spray in the eyes.

Image courtesy of Images courtesy of X user @elaadeliahu and Stephanie Keith, accessed via Getty Images.


Claim:
On May 25, 2026, Immigration and Customs Enforcement officers pepper sprayed a group of protesters, including Sen. Andy Kim, D-N.J., outside Delaney Hall, an immigration detention facility in Newark, N.J.
Rating:
True

About this rating

Context

Kim said he was affected by irritants when ICE agents used pepper spray and pepper balls outside Delaney Hall, and his office confirmed pepper pellets were shot directly in front of him. DHS said pepper ball projectiles did not strike anyone directly, but it did not deny that pepper spray or other crowd control measures were used.


In late May 2026, people online claimed U.S. Sen. Andy Kim, a New Jersey Democrat, was pepper sprayed during a protest outside Delaney Hall, an immigration detention facility in Newark, New Jersey. 

One Facebook post (archived) said Kim was "caught in a cloud of pepper spray" after he "stepped in between the ICE agents and the crowd" during what it described as a "chaotic standoff between agents and demonstrators."

(Facebook page The Hodgetwins)

The claim spread on multiple social media platforms, including Facebook, Instagram and Threads, where users shared images and videos from the scene and described Kim as having been pepper-sprayed or affected by pepper spray during the protest.

The claim was true. Kim said ICE agents used pepper spray and pepper balls while he stood between officers and protesters outside Delaney Hall on May 25, 2026. A video that Timcast correspondent Elaad Eliahu posted on X shows Kim receiving help afterward as water was poured into his eyes. Kim's office confirmed to Snopes that pepper pellets were shot directly in front of where he was standing.

The Department of Homeland Security said in a statement provided via email that "no individuals were directly struck by pepper ball projectiles." That statement did not address whether Kim and others were exposed to pepper spray or another chemical irritant. The available evidence supports the claim that Kim was exposed to pepper spray or a similar irritant during the protest, but does not show he was directly struck by a pepper ball projectile.

What happened outside Delaney Hall?

The incident took place during protests outside Delaney Hall, a privately run immigration detention facility in Newark. Demonstrators gathered over reported concerns about poor conditions inside the facility, including claims from detainees and advocates about medical care, food and a hunger strike. DHS denied allegations of poor conditions and said there was no hunger strike at the facility.

Kim visited Delaney Hall on May 25 and later described a confrontation outside the facility between protesters and ICE agents.

USA Today reported that Kim said he tried to deescalate the situation after ICE officials said they intended to move vehicles through the crowd. Kim reportedly said people were being "tackled and brought to the ground," and that ICE agents "started shooting at us with pepper balls and using pepper spray." He added: "I tried to do whatever I could standing in the middle to keep people safe."

The New Jersey Globe reported on May 25 that Kim said he had difficulty breathing after federal agents deployed pepper spray into the crowd. The outlet also reported that Kim's state director, Paul Stuart Aronsohn, was pepper sprayed.

Evidence of Kim's exposure

Video of the aftermath, confirmation from his office and a response from DHS supported Kim's account. 

Eliahu's video showed Kim outside Delaney Hall receiving help after the incident as water was poured into his eyes. The video displayed no signs of artificial intelligence generation or other digital manipulation. Snopes replied to Eliahu's post asking him to confirm he recorded the video, but had not received a response by publication.

In an email to Snopes, Anna Connole, press secretary for Kim's office, said she could confirm that "pepper pellets were shot directly right in front of where Senator Kim was." Connole later directed Snopes to two videos of the scene, writing: "You can see when pellets were shot in the videos and hear people's reactions."

Taken together, the evidence shows that Kim was exposed to pepper spray or a similar irritant during the protest.

DHS response to the incident

DHS did not deny that agents used force outside Delaney Hall. In a statement sent to Snopes by email, a DHS spokesperson said: "No individuals were directly struck by pepper ball projectiles." The statement continued:

On May 25, 2026, rioters obstructed law enforcement from exiting the ICE facility. Officers issued multiple lawful verbal commands for rioters to clear the area. Rioters refused to follow law enforcement commands and continue to obstruct the exit route. Our law enforcement followed their training and used the minimum amount of force necessary to protect themselves, the public, and federal property.

The DHS spokesperson further stated, "The First Amendment protects speech and peaceful assembly – not rioting," adding that obstructing law enforcement is a federal crime. 

That statement addressed only whether anyone was directly struck by pepper ball projectiles. It did not address whether Kim was exposed to pepper spray or another chemical irritant.

What the evidence does and does not show

The available evidence does not establish that ICE agents intentionally targeted Kim because he is a senator. Kim said he stepped between officers and protesters in an attempt to deescalate the confrontation, and videos shared by his office were consistent with that account, showing him near the officers' vehicle as it moved through the crowd. 

Kim's office confirmed that "pepper pellets" were shot directly in front of him. DHS said no one was directly struck by "pepper ball projectiles." But that narrower statement did not address whether Kim was subjected to pepper spray during the protest. The available evidence showed that he was. 


By Aleksandra Wrona

Aleksandra Wrona is a reporting fellow for Snopes, based in the Warsaw, Poland, area.


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