Federal Probe Opens on Alexandria Ocasio‑Cortez Over Alleged Hiring of Undocumented Worker

Federal investigators are reportedly examining Representative Alexandria Ocasio-Cortez (D-N.Y.) after allegations surfaced that her congressional office employed an undocumented individual and may have helped others evade enforcement by the U.S. Immigration and Customs Enforcement (ICE).

According to remarks by former Border Patrol Director Tom Homan, a referral was made to the Department of Homeland Security (DHS) indicating that one of Ocasio-Cortez’s staffers—believed to be undocumented—could have assisted others in avoiding immigration authorities. In an interview with commentator Benny Johnson, Homan said the matter is under federal review.

“It’s being looked into,” Homan said. “I can’t say much more right now, but ICE has been asked to examine the situation closely. What we’re seeing isn’t just someone avoiding arrest — it’s an attempt to teach others how to avoid prosecution, which is illegal.”

If the allegations are substantiated, they could implicate Ocasio-Cortez in possible violations of federal immigration statutes—including employment of unauthorized aliens and obstruction of immigration enforcement.

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Who is at the center?

The attention of the probe appears to focus on Diego de la Vega, who reportedly served as Deputy Communications Director in Ocasio-Cortez’s office beginning in 2022. de la Vega is said to have had a prior history of activism and worked in Democratic-lawmaker offices despite undocumented status.

Media reports claim that de la Vega voluntarily left the United States in March, citing safety concerns following increasing immigration-enforcement activity. He previously interned for other congressional offices while undocumented, according to those reports.

Ocasio-Cortez has publicly praised him, describing him as “an amazing member of our team who truly represents the American dream.”

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What triggered the investigation?

Sources within DHS report that Homan sent a formal referral to the Deputy Attorney General in February, requesting that the Department of Justice (DOJ) open an inquiry into the allegations. The referral followed reports that Ocasio-Cortez’s office hosted seminars for undocumented immigrants — advising them on how to protect themselves in the face of ICE operations. Critics claim these sessions may have crossed from advocacy into potential obstruction of law enforcement.

Federal law establishes a range of offenses related to the harboring or employment of unauthorized aliens, and any action that deliberately interferes with federal immigration enforcement could trigger criminal or civil liability.

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Ocasio-Cortez’s response

Ocasio-Cortez’s office has not released a definitive statement confirming or denying the investigation. Representatives of her office have previously characterized similar allegations as politically motivated “attempts to criminalize compassion.”

The congresswoman has long been an outspoken advocate for immigration reform, including calls to dismantle ICE and criticism of U.S. immigration-enforcement tactics. Still, the new allegations raise questions about whether a sitting member of Congress can lawfully employ or assist individuals lacking authorized immigration status — and what ethical or legal responsibilities accompany such employment decisions.

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What could happen next?

Legal experts say investigations of sitting members of Congress are rare but not impossible. If the DOJ or ICE finds sufficient evidence, the case could be referred to the House Ethics Committee or a federal grand jury might be convened. Penalties could range from civil fines to criminal charges, depending on the nature and extent of any alleged wrongdoing.

For now, no formal charges have been filed, and the investigation remains ongoing. Nonetheless, one federal official told reporters the case underscores a fundamental principle emphasized by the administration: “The law applies to everyone – regardless of title, party, or position.”