Former acting ICE Director and current border czar Tom Homan criticized Democratic Rep. Jasmine Crockett on Monday for her inaccurate claim that illegal immigration is not a criminal offense.

Rep. Jasmine Crockett speaks during a campaign event for presidential candidate Kamala Harris in south Phoenix on Oct 6, 2024.

Crockett made the assertion during an appearance on MSNBC’s The Katie Phang Show on Saturday, stating, “It is not a criminal violation to enter the country illegally … it’s not a crime.”

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However, Homan refuted her statement on Fox Business’ Varney & Company, explaining that her remarks contradicted U.S. law.

“It’s a crime to enter the country illegally under Title 8 United States Code 1325, and it’s really pathetic that any member of Congress [doesn’t] understand what the law says,” Homan told host Stuart Varney.

“They wrote the law, they enacted the law, [it’s] signed by a president. It is a criminal violation to enter the country illegally. And if you’ve entered prior, it’s a felony.”

Homan also noted that he had previously had to correct similar false claims from other Democrats, including Rep. Alexandria Ocasio-Cortez of New York.

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“So I’ve been saying this for I don’t know how long on your show, and I had to educate AOC what, years ago, during the hearing that it’s a crime to enter this country illegally and we’re going to enforce those laws.”

During a 2019 congressional hearing, Homan corrected Ocasio-Cortez when she attempted to argue that asylum seekers were not violating the law.

At the time, she stated, “Mr. Homan, with all due respect, legal asylees are not charged with any crime.”

“When you’re in this country illegally, it’s violation 8, United States Code 1325,” Homan responded.

He clarified that while asylum seekers can request protection, they must do so legally by presenting themselves at a designated port of entry to avoid violating the law.

Homan has consistently emphasized that law enforcement efforts focus on arresting individuals who pose public safety or national security threats.

However, he has also stated that authorities will not ignore illegal immigrants who do not meet those classifications.

The debate over whether illegal entry constitutes a crime has surfaced repeatedly in media discussions.

In January, radio host Charlamagne Tha God pushed back against a journalist’s claim that the Trump administration was targeting migrants without criminal records.

“They’re rounding up anybody who is in the country illegally. At first, we were thinking it was just going to be those who were committing crimes, but no,” journalist Morgyn Wood said.

“It’s just if you are in the country and your status is not up to par, or you’re not in good standing, then you are eligible for deportation … at least under this Trump administration.”

Charlamagne interjected, questioning the logic of the statement. “But isn’t being in the country illegally a crime? That’s a crime under federal law,” he said.

“So they’re rounding up people who are committing crimes and they’re rounding up people who are here illegally, because that too is a crime.”

The discussion has also been addressed by the White House.

In January, White House press secretary Karoline Leavitt told ABC News’ Mary Bruce that illegal immigrants already have a “criminal record” due to their violation of U.S. law when they enter the country unlawfully.

The exchange between Homan and Crockett is the latest example of an ongoing debate over illegal immigration, as members of Congress and political figures continue to dispute the enforcement and interpretation of federal immigration laws.

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