Deputy AG's Immigration Law Remarks Draw Scrutiny After Television Interview
Deputy Attorney General Todd Blanche, a former criminal defense attorney for Donald Trump, is facing backlash after misstating a fundamental aspect of U.S. immigration law during a live television interview this weekend.
Appearing on ABC's This Week with George Stephanopoulos, Blanche, 51, was challenged on the administration's enforcement priorities. The host noted that approximately 70% of recently detained individuals lacked criminal records, contrary to stated policy focusing on those with such records.
"The president said he was going to prioritize those who had criminal records. But about 70% at least of those who have been detained don't have criminal records," Stephanopoulos stated.
Blanche responded by asserting that unauthorized presence itself constitutes a crime. "Well, just—hang on. The fact that they're here illegally is a crime," he said. "And so when you say they don't have criminal records, by their presence, being here without status... that is a crime. And so we have to be careful."
He further defended the practice of detaining individuals without bail pending immigration proceedings, stating, "We very strongly believe that they should be held."
Legal Experts Push Back
Legal scholars and immigration advocates were quick to correct the record. Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, pointed to the 2012 Supreme Court ruling in Arizona v. United States, which clarified that mere unauthorized presence is a civil immigration violation, not a criminal act.
"That's the Deputy Attorney General getting the law wrong on TV," Reichlin-Melnick said, sharing the court's summary.
The remarks sparked immediate debate online, with commentators questioning whether the error was one of knowledge or intent. "It is a civil infraction. This is a gross perversion of the law," one critic wrote. Even AI chatbot Grok, from Elon Musk's xAI, was cited confirming the legal distinction.
Broader Context of Enforcement
The interview followed recent tense exchanges regarding federal enforcement tactics. In a separate appearance on Meet the Press, Blanche was questioned by host Kristen Welker about aggressive scenes during operations in Minnesota, including the detention of a child and a half-naked man later found to be wrongly detained.
Blanche defended the agents' conduct, calling their jobs "very, very difficult" and stating they were arresting "violent felons" without local support.
Reaction & Analysis
The incident highlights the politically charged and legally complex nature of immigration enforcement. For a top legal official to publicly conflate civil and criminal immigration statutes raises questions about the administration's legal framing of its policies, potentially affecting public perception and courtroom arguments.
What people are saying:
Michael Chen, 42, Constitutional Law Professor: "This isn't a minor slip. The distinction between civil and criminal law is foundational. When the nation's second-highest ranking law enforcement officer blurs that line on national television, it undermines public understanding of the rule of law itself."
Lisa Rodriguez, 38, Immigration Attorney: "In my practice, I see the real-world impact of this rhetoric. It creates a false narrative that dehumanizes entire communities and justifies extreme enforcement measures. The law is clear, and officials have a duty to represent it accurately."
David P. McCullough, 55, Political Commentator: "This is either staggering incompetence or a deliberate strategy to muddy the waters. Either option is unacceptable for someone in his position. It's a disgraceful performance meant to stoke fear and justify a draconian system."
Sarah Jensen, 47, Policy Analyst: "Beyond the immediate error, this reflects a deeper issue of how policy is communicated. Consistent, accurate legal framing is crucial for governance. When it breaks down at the top, it creates confusion and erodes trust across the system."