Former federal prosecutor Jonathan Fahey stated that Rep. Alexandria Ocasio-Cortez (D-N.Y.) may be legally “skirting the line” by advising illegal immigrants on how to avoid ICE detention. Fahey’s remarks followed repeated warnings from Trump-era border official Tom Homan, who accused AOC of potentially violating federal laws against obstructing justice and harboring illegal immigrants.

Homan is seeking a legal opinion from the DOJ to determine if AOC’s actions—such as hosting informational webinars and sharing flyers about immigrant rights—constitute criminal impediment. Fahey noted that while AOC may not have crossed a legal line yet, her actions, including providing free legal help and characterizing ICE raids as fear tactics, are “very close” to violations. The flyer on her website advises undocumented immigrants not to open doors for ICE agents without a judge-signed warrant. Homan expressed hope that the DOJ would act and possibly prosecute such conduct, especially if it is found to be hindering federal law enforcement efforts.