Former federal prosecutor Jonathan Fahey warned that Rep. Alexandria Ocasio-Cortez (D-N.Y.) may be legally “skirting the line” by advising illegal immigrants on how to avoid Immigration and Customs Enforcement (ICE) detention. His comments follow concerns from former border czar Tom Homan, who is seeking a Justice Department opinion on whether her actions constitute felony “impediment.”

Fahey noted that AOC’s efforts—including webinars, flyers on her website, and free legal services—could potentially violate federal laws on obstruction or harboring illegal aliens. He questioned whether these actions are educational or designed to shield undocumented individuals from lawful deportation. Homan also criticized AOC for minimizing the criminality of illegal entry and for promoting sanctuary policies. AOC’s office maintains that she is providing immigrants with information about their legal rights. Homan asserted that if her actions are found to impede law enforcement, she could face legal consequences, and he urged the DOJ to define the legal boundaries more clearly.