Federal officials have reportedly opened an investigation into Representative Alexandria Ocasio-Cortez (D-NY) following allegations that she knowingly hired an undocumented immigrant and helped others evade Immigration and Customs Enforcement (ICE) operations.
According to Border Czar Tom Homan, the Department of Homeland Security has launched a probe into Ocasio-Cortez’s office after receiving evidence suggesting that one of her staffers, believed to be undocumented, may have been involved in helping others avoid ICE detection.
In a recent interview with conservative commentator Benny Johnson, Homan confirmed that the case 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 proven true, the allegations could amount to multiple violations of federal immigration law, including the harboring or employment of unauthorized aliens and obstruction of enforcement operations.
Johnson pressed Homan on how an undocumented immigrant could gain employment in a congressional office and potentially access sensitive information.
“It shouldn’t be possible,” Homan replied. “If these claims are accurate, there will be consequences. No one is above the law — not even members of Congress.”
Who Is at the Center of the Case?
The investigation reportedly focuses on Diego de la Vega, who served as Ocasio-Cortez’s Deputy Communications Director beginning in 2022.
De la Vega has a history of political activism and previously worked with Democratic lawmakers despite his immigration status.
According to TownHall.com, de la Vega left the United States voluntarily in March, citing safety concerns after the Trump administration renewed efforts to remove undocumented immigrants from federal employment.
De la Vega’s background includes serving as a “special assistant” to former New York Assemblymember Robert J. Rodriguez and interning for Rep. Carolyn Maloney (D-NY). Both roles reportedly took place while he was undocumented.
In a past interview with Migrant Insider, Ocasio-Cortez praised him, calling him “an amazing member of our team who truly represents the American dream.”
What Triggered the Federal Probe
Sources within DHS said Homan sent a formal referral to the Deputy Attorney General in February, asking the Department of Justice to review the allegations against Ocasio-Cortez and her staff.
The request came shortly after reports surfaced that the congresswoman’s office had hosted community seminars advising undocumented residents on how to “protect themselves” from ICE operations — sessions critics said crossed the line from activism into obstruction.
The Trump administration has made federal employee vetting and immigration enforcement central to its broader immigration reform initiative. Officials say that public figures who deliberately aid or employ unauthorized immigrants may face prosecution under Title 8 of the U.S. Code, which governs immigration and nationality laws.
AOC’s Office Responds
Ocasio-Cortez’s office has not issued a formal statement on the investigation. However, aides have previously dismissed similar accusations as politically motivated, describing them as “attempts to criminalize compassion.”
The congresswoman has long been a vocal advocate for immigration reform, repeatedly calling for the abolition of ICE and labeling federal enforcement tactics as “inhumane.”
Still, the allegations raise new legal and ethical questions — particularly about whether a sitting member of Congress can legally employ or assist someone lacking lawful status in the United States.
If the probe confirms that de la Vega’s employment violated federal law, Ocasio-Cortez could face ethics violations, civil penalties, or even criminal charges, depending on the extent of her involvement.
What Comes Next
Legal experts say that while investigations of lawmakers are rare, they’re not unprecedented. If ICE or the Department of Justice determines that laws were broken, the case could be referred to the House Ethics Committee or a federal grand jury.
For now, the probe remains ongoing, and no formal charges have been filed.
Still, as one federal official told reporters, the situation underscores a simple principle that the Trump administration has repeatedly emphasized:
“The law applies to everyone — regardless of title, party, or position.”