On Wednesday, Ocasio-Cortez conducted a live webinar to inform migrants in her congressional district about their rights when interacting with Immigration and Customs Enforcement (ICE) agents who may seek to deport them.
Homan expressed his views to Fox News, stating, ‘In my opinion, an impediment is an impediment,’ while questioning whether her actions were ‘crossing the line.’ Newsweek reached out to Ocasio-Cortez’s office and the Department of Justice for comments via email after regular office hours.
Trump has prioritized stringent immigration policies as a fundamental aspect of his campaign for a return to the White House. In addition to implementing widespread deportations, his forthcoming administration has pledged to take legal action against individuals who obstruct their immigration enforcement efforts.
The virtual event titled ‘Know Your Rights With ICE’ was broadcast live on Ocasio-Cortez’s Facebook page, offering migrant participants essential information on how to respond to ICE inquiries should officers visit their residences or places of employment.
The 54-minute live stream aimed to educate migrants residing in Ocasio-Cortez’s 14th District, which includes parts of Queens and the Bronx, about their legal rights. Ocasio-Cortez emphasized on X that ‘in America, EVERYONE has rights,’ while sharing a guide detailing the legal protections available to undocumented immigrants.
Homan criticized the event, questioning its legality and whether it obstructed immigration enforcement, stating he had reached out to the DOJ for clarification on whether Ocasio-Cortez’s actions could be deemed unlawful interference. ‘I sent an email to the Deputy AG today…at what level is that impediment,’ Homan remarked.
He further inquired, ‘Is that impeding our law enforcement efforts? If so, what actions will be taken? Is she crossing the line? I’m collaborating with the DOJ to ascertain this. Perhaps AOC will face consequences now,’ he added.
In response, AOC challenged the nation’s leading immigration official to familiarize himself with the U.S. Constitution, stating, ‘Maybe he can learn to read. The Constitution would be a good place to start,’ she posted on X.
Newsweek reports that various Democratic members of Congress have organized similar seminars within their districts. These seminars generally address fundamental rights, such as the right to remain silent, the right to refuse consent for searches, and the appropriate actions to take if ICE arrives at a residence, workplace, or public area.
Additionally, they offer advice on how individuals can obtain legal support to safeguard themselves and effectively manage immigration-related situations. Numerous organizations, including the ACLU, immigrant advocacy groups, and legal aid organizations, frequently conduct Know Your Rights training to educate migrants about their legal entitlements.
Provided these sessions do not involve sheltering undocumented individuals or hindering law enforcement efforts, they are completely lawful. Experts indicate that while disseminating general information is permissible, actively advising individuals to evade law enforcement may raise legal issues.
The consequences of notifying others about potential ICE activities depend on the manner in which the information is communicated. Bennett Gershman, a professor at Pace University’s law school, asserts that free speech protections permit residents to discuss law enforcement activities in their communities.
However, language that explicitly encourages evasion of authorities could be interpreted as obstructing justice. Gershman informed Newsweek that stating, ‘I have heard that ICE agents may be in the area,’ is typically protected speech, whereas communications suggesting that individuals should conceal themselves or flee could heighten the risk of legal repercussions if the government perceives them as interfering with an ongoing operation.
The Department of Justice has not yet provided a statement regarding the potential investigation into Ocasio-Cortez’s webinar; however, legal experts generally concur that Know Your Rights sessions do not violate any laws.
Considering the constitutional safeguards for free speech and legal education, any possible legal action against Ocasio-Cortez would likely encounter substantial legal challenges. Should the DOJ choose to initiate an investigation, it would be required to demonstrate that her webinar actively hindered ICE operations rather than simply disseminated information.
Meeting this criterion would be challenging, given the established legal precedents that uphold the right to share legal knowledge.
