Two things to say up front before getting into Rep. Ocasio-Cortez’s recent letter to the Attorney General. First, it is not a crime to inform people of their rights under the Constitution. And second, illegal aliens do have rights under the Constitution.
On the second point, one thing so many people seem to forget is the Federal government is indiscriminately restrained by the Bill of Rights and the rest of the Constitution. As I’ve pointed out on this blog before, there is nothing in the Constitution limiting the protections of rights only to citizens or legal permanent residents.
So let’s get into the details.
Representative Alexandria Ocasio-Cortez (NY-14) sent a letter to the Attorney General of the United States requesting clarification on whether the Department of Justice is pursuing a criminal investigation against her. This stems from a webinar she held on February 12 called “Know Your Rights”:
I’ve mentioned an organization on this blog called “Flex Your Rights” and their two videos informing you of your rights under the Bill of Rights when it comes to interacting with law enforcement.
Now what Ms Ocasio-Cortez released, both a pamphlet and her above webinar, is no different from the above videos with one exception: it explicitly calls out ICE and is targeted to helping illegal immigrants and migrants. Something many have called “aiding and abetting”.
And in response to the webinar, Tom Homan, the Executive Associate Director of Enforcement and Removal Operations (ERO) and the “Border Czar”, threatened an investigation for obstructing law enforcement, saying on Fox News: “I’m working with the Department of Justice and finding out. Where is that line that they cross? So maybe AOC is going to be in trouble now.”
But, again, the Representative did nothing wrong here.
It is not illegal to inform someone of their rights. Doing so is not “practicing law without a license”, something I’ve seen asserted countless times. Nor is it obstructing law enforcement. If I walk by someone who is in handcuffs while the police are processing them and inform them of their Fifth and Sixth Amendment rights, those officers cannot then turn around and arrest me. They absolutely can tell me to go away. But they can’t arrest me for merely informing someone of their rights, even if the person I’m informing is under arrest and in police custody!
I could make up my own pamphlet and walk into the inner cities, talking to gang members and illegal immigrants, distribute the pamphlet and hold conversations with people informing them of their rights. And absolutely nothing in the law can stop me from doing that.
People knowing their rights impedes law enforcement. And many conservatives treat that as a bad thing. I’ve pointed out several times on this blog cases where police have done some… shady things to circumvent the Constitution. Such as the cases of Timothy Bass and Jimmie Bowen. And even defending the Boston Marathon Bomber’s right to remain silent.
Again the Constitution indiscriminately restrains the government. The Bill of Rights is supposed to impede law enforcement. And the more informed everyone is of their rights, the better. And contrary to a very popular belief on the right, illegal aliens are still protected by the Constitution. That is why there is a “due process” they are entitled to per the Fifth Amendment before they are deported.
Again, Ms Ocasio-Cortez did not violate the law by hosting a webinar informing people of their rights. She is absolutely protected by the First Amendment here.
