A former federal prosecutor, Jonathan Fahey, has raised serious concerns about the actions of Rep. Alexandria Ocasio-Cortez (D-N.Y.) and others who provide guidance to undocumented immigrants on how to avoid Immigration and Customs Enforcement (ICE). Fahey’s comments come in the wake of warnings from former Trump administration border czar Tom Homan, who has suggested that such actions could potentially violate federal law.
Fahey discussed the matter during a Fox News interview, responding to questions about Homan’s claims regarding Ocasio-Cortez’s efforts to help illegal immigrants evade ICE. “He makes a valid point,” Fahey said, acknowledging that while Homan is primarily focused on removing criminal offenders in the country illegally, Ocasio-Cortez’s actions could complicate ICE’s enforcement efforts. “When she is working to prevent their removal, it raises significant legal questions.”
Obstruction of Justice and Misrepresentation of the Law
Fahey explained that Ocasio-Cortez’s actions could potentially constitute obstruction of justice, depending on whether her efforts are designed to prevent ICE from enforcing immigration laws or if they are genuinely educational. He suggested that her framing of undocumented immigrants as possessing the same rights as American citizens misrepresents the law. “It is a crime to enter the country illegally,” Fahey pointed out, arguing that many undocumented immigrants entered unlawfully, which violates federal statutes.
The remarks echo concerns from Homan, who has repeatedly warned that Ocasio-Cortez’s actions may be legally problematic. Specifically, Homan has expressed worries that her efforts could hinder ICE agents in their duties, thus violating federal law. He has also sought a legal opinion from the Justice Department to determine what constitutes “impediment,” as blocking ICE’s work could be a felony.
Federal Harboring Law and Potential Legal Violations
Fahey also drew attention to the federal harboring statute, which prohibits actions that shield or conceal illegal immigrants from authorities. “If someone knowingly helps undocumented individuals remain in the country unlawfully, they could be violating this statute,” Fahey explained. While he acknowledged that Ocasio-Cortez may not have explicitly broken the law, he suggested that she is “coming very close to the line.” He also pointed out that some sanctuary cities have engaged in practices that could be interpreted as violating federal law, citing the broader legal concerns around such actions.
Potential DOJ Investigation
The key question now, according to Fahey, is whether the Department of Justice (DoJ) will investigate past actions or focus on future enforcement. “Will the DoJ look into previous cases, or will they push for compliance moving forward?” Fahey questioned. He speculated that most jurisdictions may choose to comply with federal law to avoid potential legal consequences, particularly as the DoJ could push for enforcement if it decides to investigate this area.
While there is no indication yet that Ocasio-Cortez will face direct legal consequences for her actions, Fahey’s comments highlight the potential legal complexities surrounding the support of undocumented immigrants in the U.S. and the broader debate about sanctuary cities, ICE enforcement, and immigration laws.
As legal questions continue to surround these issues, it remains to be seen whether any formal investigation will occur or if new guidance will be provided by the Justice Department.
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