Tom McClintock Lies – Again – About Immigration
Congressman Tom McClintock (CA-05) recently posted this statement about federal immigration policy on his public Facebook page:
“We should all agree on the rule of law. The law REQUIRES EVERY illegal alien to be detained until they are deported, or their case is resolved. ICE is enforcing that law. If you don’t like it, change the law, don’t attack those enforcing it. Looking at you, Karen and Gavin.”
It’s important to separate fact from fiction, especially when it comes from a member of Congress — and particularly from Tom McClintock (CD-05), the Chair of the House Subcommittee on Immigration Integrity, Security, and Enforcement and self-described immigration policy expert, who should (and does) know better.
Let’s break down McClintock’s claims.
Claim #1: “The law REQUIRES EVERY illegal alien to be detained until they are deported, or their case is resolved.”
Verdict: False.
The law McClintock is referring to — 8 U.S. Code § 1226 — gives the Attorney General the discretionary authority to detain “illegal aliens” – but does not make it mandatory for all. In fact, the statute clearly states that individuals may be detained and may be released on bond or conditional parole. Only specific categories of individuals (typically those with serious criminal records or other specified persons) are subject to mandatory detention.
Crossing the border illegally is a civil offense, not a criminal one, and does not automatically trigger mandatory detention under federal law. McClintock knows these facts yet choses to lie about them, hoping you aren’t paying attention.
Claim #2: “If you don’t like it, change the law. Looking at you, Karen and Gavin.”
Verdict: False and inflammatory
McClintock’s statement implies that state and local leaders like Governor Gavin Newsom or Los Angeles Mayor Karen Bass have the power to change federal immigration law. They do not. Only Congress can do that, the same Congress that Tom McClintock himself has served in since 2009, and that has done nothing in all that time to reform our very broken immigration system.
McClintock, who has long made immigration a centerpiece of his political identity, certainly knows this. He initially supported a comprehensive, bipartisan immigration reform package developed by a Senate committee led by conservative Republican Senator James Lankford in the runup to the 2024 election, calling the bill “essential” in his remarks during a hearing in the House Judiciary Committee. But that bill was later blocked — not by Democrats — but by Congressional Republicans (including McClintock) at the direction of Donald Trump, who wanted to keep the border issue unresolved through the election cycle for political gain.
If McClintock is serious about immigration reform, he holds the power — as a member of Congress and Chair of an important immigration subcommittee — to reintroduce or support meaningful legislation. Instead, he has chosen to blame others while ignoring his own role in the inaction. His lack of leadership on this issue makes us wonder – does Tom McClintock even want a fair, functional immigration system in America? Or would he rather just spend his time posting inflammatory and inaccurate statements on social media to score cheap political points?
Claim #3: “We should all agree on the rule of law.”
Verdict: True – and Ironic
While this statement sounds obvious on its face (and is a sentiment that we certainly agree with) it contrasts sharply with the reality of aggressive and legally questionable enforcement tactics currently being utilized by ICE and supported by Tom McClintock. Evidence has emerged of ICE agents detaining people without valid warrants (as required by law), sweeping up US citizens and other protected individuals regardless of legal status, denying access to legal representation and due process as required by our Constitution and federal immigration law, and holding people in detention camps that don’t meet basic legal requirements for humane treatment. Enforcement and detention actions that ignore due process and civil rights raise constitutional issues and challenge the very rule of law McClintock claims to support.
You can’t have it both ways, Tom. Respecting the rule of law includes protecting constitutional rights and upholding legal procedures — not just enforcing selective interpretations of immigration statutes.
Bottom Line: Congressman McClintock’s Facebook post contains blatantly false and intentionally misleading statements about immigration law and enforcement. As the chair of a subcommittee tasked with immigration oversight, he should be held to a higher standard of accuracy and leadership. We deserve truth and accountability — not political soundbites that distort the law and create confusion.