A statement by Rep. Jasmine Crockett (D-TX) declaring that illegal immigration is not a crime has drawn widespread attention and criticism.
The remarks, made during an appearance on MSNBC’s The Katie Phang Show on Saturday, quickly went viral after being posted to social media.
During the interview, Crockett insisted that border crossers were being arrested without justification under President Donald Trump’s administration and immigration policies.
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“It is not a criminal violation to enter the country illegally,” she stated in the widely shared clip. “It’s not a criminal… crime! It’s not a crime!”
Crockett argued that the absence of federal laws criminalizing illegal immigration has been a source of frustration for Trump immigration officials, mentioning Department of Homeland Security Secretary Kristi Noem and White House border czar Tom Homan by name.
“They really want our local law enforcement to go out and round up people when they could be looking out for the murderers and sexual abusers as well as the robbers. They want them to go out and round people up on civil accusations,” she said.
Crockett’s claim was quickly flagged on X with a “community note,” a feature implemented by the platform’s owner, Elon Musk, to provide factual corrections.
“It is not a criminal violation to enter the country illegally… It’s not a crime.” – Rep Jasmine Crockett pic.twitter.com/9tYYEvowlZ
— Libs of TikTok (@libsoftiktok) March 9, 2025
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The note referenced 8 U.S.C. § 1325, which states that any non-citizen who enters the U.S. without going through immigration officers or who misrepresents their immigration status may face a fine or imprisonment of up to six months for a first offense. A subsequent violation carries a penalty of up to two years in prison.
Despite the law contradicting her statement, Crockett’s remarks gained significant traction online, amassing more than 5.5 million views by Monday.
Tom Homan, former acting director of Immigration and Customs Enforcement (ICE) and a top immigration official under President Trump, has repeatedly stressed the importance of enforcing immigration laws.
“There’s consequences [for] entering the country illegally,” Homan told ABC News’ Martha Raddatz in January.
“If we don’t show there’s consequences, you’re never going to fix the border problem.”
Republicans have long argued that strict enforcement of immigration laws is necessary to deter illegal border crossings and maintain national security.
Crockett represents a state that has seen some of the highest levels of illegal immigration in the country.
A 2022 Pew Research review estimated that more than 11 million individuals are living in the U.S. illegally, with approximately 1.6 million residing in Texas.
The state ranks second behind California in the number of illegal immigrants present.
Under the Biden-Harris administration, Republicans have accused Democrats of expanding asylum protections as a way to bolster voter rolls, though documented cases of illegal immigrants casting ballots remain limited.
More broadly, critics have argued that Joe Biden’s use of executive orders to welcome migrants from nations such as Haiti, Venezuela, and Honduras bypassed the need for legislative action on immigration reform.
Despite Crockett’s inaccurate statement, MSNBC host Katie Phang, a lawyer, did not challenge her claim during the segment.
Progressive commentators have long attempted to differentiate illegal immigration from other crimes, frequently arguing that unlawful entry into the U.S. is only a civil violation.
The debate over illegal immigration remains a highly contentious issue, particularly as the 2024 election cycle has placed renewed focus on border security.
With President Trump back in office and promising tougher enforcement, immigration policy is expected to be a top priority for his administration and Congress.
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