Virginia Democratic gubernatorial candidate Abigail Spanberger is facing criticism after calling it “horrifying” that President Donald Trump has treated illegal border crossings as a “criminal act.”
Spanberger, a former congresswoman and CIA officer, made the comment during a recent interview while discussing immigration policy and the federal government’s response to the southern border.
Her remarks have drawn attention as she campaigns to become the next governor of Virginia, a position that would require her to uphold both the U.S. Constitution and federal law.
“It’s horrifying that President Trump has made illegally crossing our border a criminal act,” Spanberger said during the interview.
However, the act of crossing the U.S. border illegally has long been a criminal offense under federal law, codified in 8 U.S.C. §1325.
The statute, enacted decades before Trump’s presidency, makes unlawful entry into the United States a misdemeanor on first offense and a felony for repeat offenders.
🚨UNEARTHED: Abigail Spanberger says it’s “horrifying” that under President Trump, crossing the border illegally is “considered a criminal act.” pic.twitter.com/yQf7csRoQy
— RNC Research (@RNCResearch) October 17, 2025
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Spanberger’s comment has been interpreted by critics as a misunderstanding of existing immigration law and a reflection of the Democratic Party’s growing divide over border enforcement.
Federal law establishes penalties for entering the country without inspection, overstaying visas, or using false documentation to obtain entry, with those statutes in place for generations.
President Trump’s administration did not create the law but intensified enforcement through policies designed to deter illegal immigration, including prosecuting repeat border crossers and expanding border security measures.
During her time in Congress, Spanberger often sought to brand herself as a centrist, representing Virginia’s 7th Congressional District, a swing district that includes suburban and rural communities. She has frequently described herself as “pragmatic” and “independent-minded.”
However, her recent comments have raised questions about her stance on immigration enforcement as she campaigns statewide.
Critics say Spanberger’s remarks indicate she supports selective enforcement of existing laws, particularly those related to immigration.
The comment has also reignited discussion about the Biden-Harris administration’s approach to border policy, which has seen record levels of illegal crossings since 2021.
During her time in Congress, Spanberger voted with Democratic leadership on key immigration-related measures, including opposing border wall funding and supporting efforts to expand asylum access.
Legal analysts note that if elected governor, Spanberger would swear an oath to uphold both state and federal laws, including those governing immigration.
Although governors have limited authority over federal immigration policy, state officials play a role in cooperating with federal agencies such as U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS).
Spanberger’s remarks add to ongoing political debate in Virginia, where immigration and border security remain top issues among voters.
The former congresswoman’s campaign has emphasized education, job creation, and abortion rights, while avoiding detailed policy proposals on immigration.
The controversy also comes as Spanberger continues to face questions over her past endorsements.
She has publicly supported Virginia Attorney General candidate Jay Jones, who previously came under fire for inflammatory remarks directed at Republicans.
Jay Jones wishing death on children: A-OK.
Those entering the country illegally: Should be embraced.
This will play well. https://t.co/uUz5dp2uPu
— Joe Concha (@JoeConchaTV) October 17, 2025
Recent polling shows Spanberger leading the Democratic primary field and maintaining a narrow edge over potential Republican challengers in early general election matchups.
The Virginia governor’s race will be closely watched nationally, as it is expected to serve as an early indicator of voter sentiment heading into future election cycles.
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