During a segment on Friday, Fox News anchor Bryan Llenas pressed Fahey about whether the recent warnings from Trump administration border czar Tom Homan held any legal merit. Fahey responded by acknowledging that Homan did indeed raise valid concerns about the matter. “When you compare what Homan is doing—trying to remove dangerous criminals from our country—with what AOC is doing by fighting to keep illegal aliens here, it really does appear that she’s skirting the line,” Fahey said. He went on to question whether the webinars and legal advice Ocasio-Cortez offers are genuine educational efforts or simply a ruse intended to shelter illegal immigrants from federal enforcement.
Fahey pointed out that some of Ocasio-Cortez’s public statements suggest that illegal aliens are “everyday Americans” with an inherent right to remain in the country—a claim he deemed legally unsound. “When she mocks Tom Homan and asserts that it’s not a crime to be in the country illegally, she’s misrepresenting the law,” he stated. According to Fahey, most people who enter the United States unlawfully are indeed committing a crime, and any actions that deliberately conceal or shield them from deportation could be considered obstructive.
The controversy centers on a series of webinars hosted by Ocasio-Cortez, where she has been providing information on the rights of illegal immigrants. In these webinars, accompanied by bilingual sessions in English and Spanish, experts such as Immigrant Defense Project attorney Genia Blaser have argued that ICE raids are political tactics designed to instill fear. “This is a time where there is a lot of fear, and knowledge is power,” Blaser told viewers, urging them to understand their rights during ICE encounters. Among the advice provided is guidance on how to respond when ICE agents arrive at one’s door—most notably, instructing individuals that they do not have to open the door unless the agents present a valid warrant.
On her website, Ocasio-Cortez has also distributed flyers detailing immigrant rights. One such flyer advises illegal immigrants that they can ask ICE agents to “slip the warrant under the door” if they do not have a judge’s signature. Additionally, her office offers free legal services to those facing deportation. While these efforts are presented as a means of empowering vulnerable communities, critics argue that they may inadvertently be crossing legal boundaries.
Tom Homan, the Trump administration’s border czar, has been vocal about his concerns regarding these practices. Speaking to Fox News host Laura Ingraham, Homan suggested that Ocasio-Cortez’s actions might actually be criminal. “I sent an email today to the Deputy Attorney General asking if what she’s doing constitutes an impediment to our law enforcement efforts,” Homan said. “If it does, then we need to know what legal action can be taken. It’s time to determine if she is crossing the line.” Homan indicated that he is currently seeking a formal legal opinion from the Justice Department on what constitutes “impediment” in this context—a determination that could potentially lead to felony charges.
Fahey further elaborated on the legal risks involved. He mentioned that federal statutes, including those against harboring or concealing illegal immigrants, could come into play if Ocasio-Cortez’s efforts are interpreted as intentionally shielding illegal entrants from deportation. “This isn’t just about political rhetoric. It’s about actions that could very well be obstructing justice and undermining federal immigration law,” Fahey warned.
The issue has sparked a fierce debate among legal experts and political commentators. Supporters of Ocasio-Cortez argue that her initiatives are part of a broader movement to protect the rights of marginalized communities and to challenge what they see as overreach by federal immigration authorities. They maintain that the guidance provided is simply a means of ensuring that people understand their constitutional rights, especially in a climate where ICE raids are often abrupt and intimidating.
However, critics contend that there is a fine line between educating the public and facilitating illegal activity. They argue that by providing such advice, Ocasio-Cortez could be seen as encouraging defiance of federal law. “If these actions are proven to be part of a coordinated effort to subvert immigration enforcement, then those involved should face the full force of the law,” one critic commented on social media.
As the debate intensifies, the DOJ’s pending legal opinion on the matter will likely become a focal point for future investigations. Whether this issue will lead to formal charges against Ocasio-Cortez or her associates remains to be seen. Meanwhile, the controversy underscores the broader tensions surrounding immigration policy in the United States—a subject that continues to polarize the nation.
In the coming weeks, all eyes will be on how the Justice Department interprets these developments and whether any legal actions are taken. For now, the warnings from former prosecutor Jonathan Fahey and border czar Tom Homan serve as a stark reminder of the complex and often contentious nature of immigration enforcement and the ongoing battle over the rights of illegal immigrants.
