Former Biden Adviser Unsure if Illegal Immigration is a Crime

Heated exchange during Senate Budget Committee hearing over immigration laws

Mar. 11, 2026 at 7:37pm

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During a Senate Budget Committee hearing, Ohio GOP Sen. Bernie Moreno questioned a former adviser to President Joe Biden, Brendan Duke, on whether he believed illegal immigration should be considered a crime. Duke responded that he did not know anything about the specific laws Moreno was referring to, prompting further questioning from the senator.

Why it matters

The exchange highlights the ongoing political debate around immigration policy in the U.S., with Republicans pushing for stricter enforcement of immigration laws while Democrats have generally favored more lenient approaches. The fact that a former Biden adviser was unsure about the legal status of illegal immigration could be seen as problematic by those calling for tougher stances on the issue.

The details

During the Senate Budget Committee hearing, Sen. Moreno pressed Duke, who was a senior foreign policy adviser to Biden and now works at the Federal Budget Policy Center, on whether he believed illegal immigration should be considered a crime. Duke repeatedly stated that he did not know anything about the specific laws Moreno was referring to, prompting the senator to say that he did not need to be a lawyer to answer a simple question.

  • The Senate Budget Committee hearing took place earlier this week.

The players

Bernie Moreno

Ohio GOP Senator who questioned Brendan Duke on whether illegal immigration should be considered a crime.

Brendan Duke

Former senior foreign policy adviser to President Joe Biden who is now employed at the Federal Budget Policy Center.

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What they’re saying

“I don't know anything about this law.”

— Brendan Duke, Former Biden Adviser

“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?”

— Bernie Moreno, Ohio GOP Senator

The takeaway

This exchange highlights the ongoing partisan divide over immigration policy in the U.S., with Republicans pushing for stricter enforcement and Democrats generally favoring more lenient approaches. The fact that a former Biden adviser was unsure about the legal status of illegal immigration could be seen as problematic by those calling for tougher stances on the issue.