A former federal prosecutor has expressed concerns that Rep. Alexandria Ocasio-Cortez (D-N.Y.) and others who provide guidance to undocumented immigrants on avoiding Immigration and Customs Enforcement (ICE) could be at risk of legal repercussions. He suggested that these actions might push the boundaries of the law.
Jonathan Fahey’s statements follow repeated warnings from former Trump administration border czar Tom Homan. Homan has claimed that Ocasio-Cortez’s efforts to help illegal immigrants evade ICE could be a violation of federal law. He also mentioned seeking a legal opinion from the Justice Department to clarify what qualifies as “impediment” under the law, which could carry felony charges.
During a segment on Fox News, anchor Bryan Llenas asked Fahey whether Homan’s legal concerns were valid.
“He makes a valid point,” Fahey responded. “When you consider that Homan is focused on removing serious criminal offenders who are in the country illegally, and she is working to prevent their removal, it raises significant legal questions.”
Fahey further explained that Ocasio-Cortez’s actions might border on obstruction of justice. “The key question is whether these efforts are genuine educational initiatives or if they are designed to actively prevent ICE from enforcing immigration laws,” he said. “She also frames illegal immigrants as though they have the same rights as American citizens, which is a misrepresentation of the law.”
He pointed out that Ocasio-Cortez was incorrect when she criticized Homan’s position on immigration laws. “It is a crime to enter the country illegally,” Fahey stated. “Many undocumented immigrants entered unlawfully, which constitutes a violation of federal statutes.”
Jonathan Fahey’s remarks come after Trump administration border czar Tom Homan repeatedly warned ‘AOC’ last week that she could be violating federal law by hampering ICE agents from doing their jobs, adding that he is currently seeking a legal opinion from the Justice Department about what constitutes “impediment,” which could be a felony.
Another area of legal concern, according to Fahey, is the federal harboring statute. “This law prohibits actions that shield or conceal illegal immigrants from authorities,” he explained. “If someone knowingly helps undocumented individuals remain in the country unlawfully, they could be violating this statute.”
While Fahey acknowledged that Ocasio-Cortez may not have explicitly broken the law, he suggested that she is “coming very close to the line.” He also noted that several sanctuary cities have engaged in practices that might be legally questionable. “For the last five years, some of these cities have taken actions that could be interpreted as violations of federal law,” he said.
The primary question is whether the Department of Justice will investigate past actions or focus on future enforcement. “Will the DoJ look into previous cases, or will they push for compliance moving forward? I believe most jurisdictions will choose to comply rather than risk legal consequences,” Fahey concluded.
