‘Border Czar’ Doubles Down on Asking If DOJ Should Prosecute AOC

Trump Border Czar Tom Homan is not backing down from his suggestion that Rep. Alexandria Ocasio-Cortez could have broken the law by holding a webinar informing immigrants of their rights during encounters with Immigration and Customs Enforcement (ICE).

Homan said on Fox News last week when discussing the webinar, “Is that impeding our law enforcement efforts? And if so, what are we going to do about it? Is she crossing the line? So, I’m working with the Department of Justice and finding out. Where is that line that they cross? So, maybe AOC’s gonna be in trouble now.”

When CNN host Dana Bash asked about the comments on Sunday’s State of the Union, Homan didn’t back down.

“Are you suggesting that she should be prosecuted?” Bash asked.

“I’m suggesting that I would ask the Department of Justice, where’s that line on impediment, right? That’s a broad statute. So I know impeding or someone stopping in front of me and putting their hands on my chest that you’re not coming in here to arrest that guy, that’s clearly impeding. But at what line — where’s the line on impeding? I’m asking the Department of Justice, who are the prosecutors and decide who they prosecute and what the standards of that prosecution is. I simply says [sic], at what point is that impeding? Because you can call it know your rights all you want. We all know the bottom line is, the bottom line is how they evade law enforcement. Don’t open your door. Don’t answer questions.”

Homan appears to be suggesting that AOC is “impeding” ICE arrests simply informing immigrants of constitutional protections such as the right to protection from unlawful searches, the right to remain silent, and the right to an attorney.

A flyer on AOC’s website outlines Constitutional rights that apply to interactions with law enforcement, including that you “do not have to open the door” to ICE and “can ask them to leave” if they don’t have a warrant. The flyer also points out that you “can stay silent” because the Fifth Amendment “protects the right to remain silent and to not incriminate yourself.”

“I think it’s more about how they evade law enforcement not to get arrested, even though there’s a federal warrant for your arrest, how they evade that, rather than know your rights,” he continued. “Now, we can argue about that all day long. They have the right to know their rights. The Constitution said they have the right to certain rights. But, also… I hope to God we’re not educating people [who] are going to be the next murderer of a college student.”

Bash responded, “She said that she is just offering civil education and that you might be — quote — ‘vaguely familiar’ with the U.S. immigration law, but that she’s just doing what she needs to do to remind people the law of the land passed by congressional statute.”

“I forgot more about immigration law than AOC will ever know,” Homan snapped.

In a statement to Fox News, AOC said, “I am glad Mr. Homan is checking with the Department of Justice to familiarize himself with the limits of his agency’s authority in entering the homes of everyday Americans without a warrant. And I am proud to offer civil education to everyday Americans to ensure ICE’s compliance with the law, given the numerous reports of agents providing incorrect paperwork in their attempts to enter and search private homes. Since Mr. Homan seems to be vaguely familiar with U.S. immigration law, we also remind him that according to Congressional statute, becoming undocumented in the United States is a civil offense and not a criminal one. I look forward to continuing our work in ensuring the safety of everyday New Yorkers while keeping families together.”

AOC wrote on X, “Maybe [Homan] can learn to read. The Constitution would be a good place to start.”

“An administration official suggesting that the DOJ may prosecute a member of Congress for advising people about their rights,” Brendan Nyhan, James O. Freedman Presidential Professor at Dartmouth, posted to X (formerly Twitter). “Happening right now. Right in front of us.”

Donald Trump has promised mass deportations of undocumented immigrants and as many as 1,500 ICE arrests per day. This month, the administration is falling far short of that target, with fewer than 600 ICE arrests in the first 13 days.

Homan said he is “not happy with the numbers” and complained that it is “hard” to locate undocumented immigrants, especially when, he claims, “Sanctuary cities are causing us a lot of work.”

“It is hard because, rather than one man arresting one bad guy in the jail, we have got to send whole teams to the field to find someone that doesn’t want to be found,” he said. “And so it’s hard work, but we’re not giving up.”