A heated immigration debate erupted after Congresswoman Jasmine Crockett (D-TX) made an explosive claim on MSNBC’s The Katie Phang Show, declaring:
“It is not a criminal violation to enter the country illegally… It’s not a criminal… crime! It’s not a crime!”
Crockett’s remarks, aimed at challenging U.S. immigration enforcement practices, quickly drew widespread backlash from legal experts, conservative commentators, and fact-checkers. Critics argue that federal law contradicts her statement, specifically citing 8 U.S.C. § 1325, which explicitly criminalizes unlawful entry.
The incident has reignited debates over border security, media accountability, and the legality of immigration enforcement, making it one of the most discussed political moments of the week.
I. The Heated On-Air Exchange
A. Crockett’s Comments and Their Context
Appearing on The Katie Phang Show, Congresswoman Crockett—a vocal progressive and member of “The Squad”—was asked about border enforcement practices. In an impassioned response, she insisted that immigration officials were wrongly targeting individuals entering the U.S. without authorization, arguing that resources should be directed toward violent crimes like murder and robbery instead.
However, her boldest claim—that illegal entry into the U.S. is not a crime—immediately set off alarms among fact-checkers and political analysts.
B. A Missed Opportunity for Fact-Checking
Despite the legal inaccuracy of Crockett’s claim, MSNBC host Katie Phang—a lawyer by trade—did not challenge her statement during the segment. The lack of real-time correction sparked outrage among viewers who expected Phang to push back or clarify the legal facts.
Instead, it was social media users who stepped in. Within hours, X (formerly Twitter) flagged the video with a community note, referencing 8 U.S.C. § 1325, which clearly defines illegal entry as a federal misdemeanor punishable by fines and jail time.
II. The Legal Reality: What Does Federal Law Say?
A. 8 U.S.C. § 1325: Illegal Entry IS a Crime
Under federal law, illegal entry is a crime. 8 U.S.C. § 1325 explicitly states that:
First-time offenders can face up to six months in jail and fines.
Repeat offenders can be sentenced to up to two years in prison.
B. Civil vs. Criminal Immigration Violations
There is a common progressive argument that certain immigration offenses—such as overstaying a visa—fall under civil violations rather than criminal law.
However, entering the U.S. unlawfully is a separate matter and is clearly classified as a criminal offense under current law.
By blurring this distinction, Crockett’s remarks misrepresented the legal framework governing immigration enforcement.
III. The Political Fallout: Supporters vs. Critics
A. Conservative Backlash: “Get Your Facts Straight”
Crockett’s statement ignited outrage among conservative commentators, legal analysts, and immigration enforcement officials.
🚨 Former ICE Director Tom Homan responded bluntly:
“There are consequences for illegal entry. It is a crime. It’s written in federal law.”
🚨 GOP leaders and right-wing media outlets quickly accused Crockett of:
✅ Misleading the public about immigration laws.
✅ Undermining law enforcement by downplaying illegal entry as a crime.
✅ Promoting “open borders” ideology under the guise of progressive reform.
Many conservatives also criticized MSNBC for allowing false information to go unchallenged on national television.
B. Progressive Supporters: Defending Immigration Reform
On the left, Crockett’s defenders argued that:
The criminalization of illegal entry disproportionately harms migrants fleeing violence.
The law is unjust and outdated, originally designed to criminalize poor immigrants.
Resources should focus on major crimes, not arresting non-violent border crossers.
While some agreed with her broader argument, many progressives acknowledged that her statement was factually incorrect and that better messaging was needed.
IV. Media and Social Media: A Case Study in Accountability
A. MSNBC’s Responsibility: Should Phang Have Corrected Crockett?
Critics argue that Katie Phang, as a legal expert, had a duty to fact-check Crockett’s claim in real time. The failure to do so has led to:
🚨 Increased distrust in mainstream media.
🚨 Accusations that MSNBC pushes unchecked progressive narratives.
🚨 Social media fact-checking taking precedence over traditional journalism.
B. Social Media Steps In: The Role of X’s Community Notes
As MSNBC failed to correct the statement, social media fact-checkers filled the void.
✅ X (Twitter) quickly added a “community note” pointing viewers to 8 U.S.C. § 1325.
✅ Users overwhelmingly flagged the video as misinformation.
This raises important questions about how political misinformation is handled—should media hosts intervene live, or should audiences rely on social media corrections after the fact?
V. The Broader Impact: Immigration Policy & Public Trust
A. How This Shapes the Immigration Debate
Crockett’s comments underscore the deep ideological divide in immigration policy.
🚨 Progressives argue that criminalizing illegal entry fuels inhumane immigration enforcement.
🚨 Conservatives counter that border laws must be enforced, and decriminalization would encourage more illegal crossings.
The controversy also reinforces the challenges of bipartisan immigration reform, as factual disputes over existing laws make meaningful discussion nearly impossible.
B. The Danger of Political Misinformation
Crockett’s claim—and the subsequent fact-checking battle—reveals a broader issue:
🚨 Are politicians misleading the public on major policy issues?
When lawmakers make inaccurate legal claims, it fuels:
❌ Public confusion about immigration laws.
❌ Erosion of trust in political leaders.
❌ Partisan echo chambers where misinformation spreads unchecked.
For real immigration reform to occur, both sides must at least agree on the facts—something that incidents like this make increasingly difficult.
VI. Conclusion: A Flashpoint in Immigration Discourse
Congresswoman Jasmine Crockett’s claim that illegal entry is “not a crime” has sparked a firestorm of controversy.
🔴 FACT CHECK: Federal law (8 U.S.C. § 1325) explicitly states that illegal entry is a criminal offense.
🔴 MSNBC under fire for failing to correct misinformation on air.
🔴 Social media fact-checkers step in, raising questions about who is responsible for ensuring political accuracy.
Final Takeaways:
✅ Immigration policy remains one of the most divisive issues in U.S. politics.
✅ Political leaders must be accurate when discussing laws that impact national policy.
✅ Media hosts must challenge misinformation in real-time to maintain credibility.
With 2024 elections looming, debates over border security, immigration law, and enforcement priorities will only intensify. The fallout from this incident is a clear warning—both politicians and the media must do better in ensuring that public discourse remains grounded in facts, not partisan narratives.