GOP Lawmaker Stumps Anti-ICE Sheriff on Civics Question

North Carolina sheriff struggles to identify branch of government he operates under

Published on Feb. 11, 2026

A North Carolina Republican state representative, Allen Chesser, said he was surprised when a Democratic sheriff who opposes cooperating with U.S. Immigration and Customs Enforcement (ICE) could not answer a basic question about how the government works. During a state House Oversight Committee hearing, Chesser asked Mecklenburg County Sheriff Garry McFadden which branch of government he operates under, and the sheriff struggled to provide the correct answer.

Why it matters

The exchange highlights a disconnect between the sheriff's stance on immigration enforcement and his understanding of the structure of government. As a law enforcement official, the sheriff's role falls under the executive branch, which is responsible for enforcing laws, yet he seemed unaware of this basic civics fact.

The details

During the hearing, Chesser repeatedly asked McFadden which branch of government he operates under, and the sheriff initially responded with "Mecklenburg County" and "The Constitution of the United States." After Chesser explained that the three branches of government are legislative, executive, and judicial, McFadden incorrectly stated that he falls under the judicial branch. Chesser then corrected him, saying the sheriff falls under the executive branch.

  • The hearing took place on February 11, 2026.

The players

Allen Chesser

A North Carolina Republican state representative and former Army veteran and police officer.

Garry McFadden

The Mecklenburg County sheriff, who has long opposed cooperating with U.S. Immigration and Customs Enforcement (ICE).

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What they’re saying

“This is not where I was anticipating getting stuck. Um, are you aware of how many branches of government there are?”

— Allen Chesser, North Carolina Republican state representative (1010wcsi.com)

“I believe I fall under the last one … judicial.”

— Garry McFadden, Mecklenburg County sheriff (1010wcsi.com)

“You are incorrect, sir. You fall under the executive.”

— Allen Chesser, North Carolina Republican state representative (1010wcsi.com)

What’s next

The North Carolina House Oversight Committee is expected to continue examining the sheriff's stance on immigration enforcement and his understanding of the role of law enforcement within the government's structure.

The takeaway

This exchange highlights the importance of elected officials, especially those in law enforcement, having a strong grasp of civics and the structure of government. It raises questions about how sheriffs who do not fully understand their role within the executive branch can effectively enforce laws and cooperate with federal agencies like ICE.