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Concerns have been raised over actions taken by Rep. Alexandria Ocasio-Cortez (D-N.Y.), who has been accused of potentially crossing legal boundaries by advising illegal immigrants on how to avoid detention by Immigration and Customs Enforcement (ICE). Former federal prosecutor Jonathan Fahey suggested over the weekend that such actions could place her in legal jeopardy.
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Fahey’s remarks followed warnings issued by former Trump administration border czar Tom Homan, who stated that Ocasio-Cortez’s efforts might constitute a violation of federal law by obstructing ICE agents in their duties. Homan confirmed that he had sought a legal opinion from the Justice Department regarding what qualifies as an impediment, a crime that could carry felony charges.
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During a Fox News segment on Friday, anchor Bryan Llenas inquired whether Homan’s concerns held legal merit. Fahey affirmed that they did, noting that while ICE’s focus remained on removing dangerous criminals, Ocasio-Cortez appeared intent on preventing such enforcement efforts. He highlighted the potential legal ramifications, questioning whether her involvement could be classified as obstruction of justice or a violation of the federal harboring statute.
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Ocasio-Cortez had recently hosted a bilingual webinar in which Immigrant Defense Project attorney Genia Blaser characterized ICE raids as political tactics intended to instill fear. The congresswoman’s website also featured a flyer instructing illegal immigrants on their rights, including guidance on refusing entry to ICE agents without a judicial warrant.
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In addition to offering free legal assistance to illegal immigrants, Ocasio-Cortez’s advocacy raised concerns among law enforcement officials, who questioned whether her actions encouraged individuals to evade legal processes. Homan, speaking with Fox News host Laura Ingraham, underscored the need for the Justice Department to clarify the legal threshold for obstruction in cases involving elected officials. He indicated that further measures could be taken should her actions be deemed unlawful.
The debate continues as federal authorities evaluate whether such efforts constitute an impediment to law enforcement, a determination that could have significant implications for Ocasio-Cortez and sanctuary city policies nationwide.