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A tense exchange unfolded during a Senate Budget Committee hearing Tuesday when Republican Sen. Bernie Moreno pressed a former Biden adviser on whether illegal immigration into the United States should be considered a crime.
"I don't know anything about this law," Senior Director for Federal Budget Policy at the Center for American Progress Brendan Duke, a former senior policy advisor in the Biden White House, told Moreno when asked if the 1952 Immigration and Naturalization Act "made a mistake" prohibiting people from entering the country illegally.
"Do you think it should be a crime to enter the country illegally?" Moreno followed up.
Duke responded, "I don’t know anything about this. I’m here to talk about budgets."
Moreno continued to press: "Look, I’m not a lawyer, you don’t have to be a lawyer. It's a simple question. Should it be a crime? I'll say it slowly. Should it be a crime to enter the United States of America illegally without permission?"
Duke again said he doesn’t know anything about the specific law, prompting Moreno to ask him if he has a home. Duke said he rents a property.
"Should it be a crime for people to enter your home without permission?" Moreno asked. Duke responded, "Yes."
Moreno pointed out that Duke was "certain" about that response but "not sure" whether it applied to America as a whole before turning his attention to the committee’s ranking member, Sen. Jeff Merkley, D-Ore.
"So this is the best that Democrats can come up with. Mr. Chairman, I hope the ranking member can listen for just a second," Moreno said. "If you don't mind, this is the best witnesses you’ve got? A guy who can't distinguish whether it's okay to have people enter our country illegally? Of all the millions of people that you could have chosen to testify?"
Merkley attempted to interject, and Moreno responded, "Let me finish."
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"The best you have is a guy who has no idea what our immigration law is and isn't sure if somebody should enter the country illegally. Another guy is a smug guy who obviously has an agenda," Moreno said, referencing the previous witness who resisted the same question.
Merkley then urged Moreno to "stick to the facts" instead of "badgering" witnesses.
"Why don't you ask about the actual facts?" Merkley said.
Moreno shot back: "Why don't you do this? Why don't you speak when it's your turn? Oh. Because we actually take turns."
Moreno and Merkley continued to go back and forth, and Moreno called it "ironic" that rules about speaking order and turns are followed in the Senate but "it’s okay with you that people enter our country and skip the turn."
"Not only are you attacking witnesses, now you're attacking your colleagues here on the dais," Merkley said after denying that Moreno was accurately summarizing his position.
Republican Committee Chair Lindsey Graham eventually interjected, and the hearing moved on, but the moment was quickly picked up by conservatives on social media.
"INSANE," conservative commentator CJ Pearson posted on X. "Former Biden National Economic Council official refuses to say if it should be a crime to enter the country illegally."
Some online pointed out a man laughing in the audience during the exchange, including Heritage Action, which posted on X, "Shout out to the man cracking up in the background as the Democrats' witness is unable to admit it is wrong to enter our country illegally. Sometimes all you can do is laugh when they try to defend this kind of lunacy."
"Democrats can’t define a woman. Democrats can’t identify a crime. This is pathetic," conservative commentator and former GOP congressional candidate Kimberly Klacik posted on X.
Moreno posted a clip of the exchange on X, saying, "Here’s a simple question: is it a crime to enter the country illegally? At least, you’d think that’s an easy question. But when I asked Joe Biden’s senior policy advisor, he said he didn’t know! Make no mistake: the Biden Border Crisis was a choice. President Trump solved it."
Fox News Digital reached out to Duke for comment.
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