Is Crossing The U.S. Border Legal? Rep. Jasmine Crockett Says ‘It’s Not A Crime’

Several comments on social media attacked Crockett for seemingly not knowing the law as a licensed attorney.

Rep. Jasmine Crockett (D-Tx.) sparked backlash for claiming that illegal immigrants entering the United States is “not a crime,” although federal law says differently.

During an interview on MSNBC’s “The Katie Phang Show,” the Texas lawmaker and lawyer talked about Republican leaders’ focus on crimes allegedly committed by illegal immigrants and said they shouldn’t be labeled as such since crossing into the United States illegally isn’t a crime. “They continue to say things like ‘the illegals’ and that they broke the law coming in. But what they’re not telling the American people is that it is a civil violation. It is not a criminal violation to enter the country illegally. It’s not. It’s not criminal. It’s not a crime,” Crockett said.

“It’s not a crime. Which is why they’re so frustrated because they really want our local law enforcement to go out and round up people when they could be looking out for the murderers and the sexual abusers, as well as the robbers. They want them to go and round people up on civil accusations.”

CLOSED BORDER: Democrat leader Rep Jasmine Crockett, in a groundbreaking legal opinion, explains that breaking the law is not illegal. She went to the University of Houston Law School. pic.twitter.com/u4cpr9YOM7

— @amuse (@amuse) March 10, 2025

Several laws say differently. Under 8 USC 1325, crossing into the U.S. improperly is considered a federal misdemeanor crime where first-time offenders can face fines and up to six months in jail. Repeat offenders can face similar fines and an extended two years in prison. For illegal immigrants who have been removed from the country after being convicted of three or more misdemeanor crimes and returned, 8 USC 1326 pushed up to 10 years in prison.

Those convicted of felony crimes and return face up to 20 years in prison.

Several comments on social media attacked Crockett for seemingly not knowing the law as a licensed attorney. Comments included, “Are you sure she didn’t get her degree off the internet?” and highlighting the case of Laken Riley, a nursing student from Georgia who an alleged illegal immigrant murdered. “Tell that to Laken Riley’s mother,” @chillguyrec wrote.

However, according to Fox News reporting, “unlawful presence,” or overstaying a “period of stay” authorized in the U.S., such as a work visa, is not considered a criminal offense.

Tell that to Laken Riley’s mother

— Rec (@ChillGuyRec) March 10, 2025

Crockett, who has been an outspoken opponent of President Donald Trump and his administration’s policies, called out her Republican colleagues for having such a focus on immigrant crime while supporting Trump, who she called “the biggest criminal” of them all. “That’s why I wanted to point out, don’t give me this fake outrage about criminals roaming our streets when you guys stand 10 toes down for the biggest criminal that we have ever seen go into the White House,” she continued.

Back in February 2025, Crockett said, “We have a thug in charge of the United States,” while criticizing Trump’s move of firing top FBI officials and federal prosecutors who worked on Jan. 6 cases, according to KTSM. She said the president is trying to eliminate the concept of checks and balances that the U.S. has banked on for decades. “Let me tell you: We have a thug in charge of the United States,” the congresswoman said.

“And if we don’t wake up, we may not have a United States because right now, he has only been successful in being a divider in chief.”