Border Czar Tom Homan announced this week that he has requested a federal investigation into Representative Alexandria Ocasio‑Cortez (D‑NY), accusing her of employing an undocumented immigrant and aiding illegal immigrants in evading ICE enforcement. Homan said he instructed ICE to “drill in on that case” during an interview with conservative podcaster Benny Johnson

The controversy centers on claims that Diego de la Vega—formerly Ocasio‑Cortez’s Deputy Communications Director—lacked legal documentation and allegedly assisted another undocumented individual in avoiding deportation. Homan cited federal statutes warning that hindering removal is a criminal offense .

Tensions escalated after AOC’s office hosted a bilingual “Know Your Rights” webinar offering advice like refusing entry to ICE officers without a warrant and seeking pro bono legal support. Homan argued such advice could obstruct law enforcement and told Fox News the DOJ is reviewing whether that advice crosses into illegality .

AOC pushed back strongly, asserting she was exercising free speech and informing constituents of their constitutional rights. During a town hall, she challenged Homan’s threats, saying: “Come for me, do I look like I care?”. She also mocked his claims, calling him in need of constitutional education

Public reaction has been sharply polarized. Conservatives applauded Homan’s move, with some calling for possible censure or legal actions. Meanwhile, legal experts and free speech advocates warned that prosecuting a lawmaker for speech-based advice sets a dangerous precedent .

Despite the uproar, the DOJ has not confirmed any formal investigation. AOC has publicly requested clarification from the DOJ and maintains that her actions are lawful and a legitimate part of her duties as a representative

This debate underscores deeper tensions in U.S. immigration policy — the contrast between enforcement-driven approaches and advocates informing vulnerable populations about their rights. It raises urgent questions about legal limits on political advocacy and whether constitutional protections extend to advising constituents in contested context.