GOP lawmaker shocked after anti-ICE sheriff was stumped by ‘fifth-grade civics’ question

North Carolina Republican state Rep. Allen Chesser said he was taken by surprise when a Democratic sheriff who has long opposed cooperating with U.S. Immigration and Customs Enforcement (ICE) could not answer a basic question about how the government works.

A North Carolina House Oversight Committee hearing spurred on by the recent killing of a young Ukrainian woman, Iryna Zarutska, in Charlotte, took an unexpected turn when Chesser asked Mecklenburg County Sheriff Garry McFadden, “What branch of government do you operate under?”

McFadden, who is the top law enforcement officer in the county where Zarutska was killed, simply answered, “Mecklenburg County,” prompting Chesser to repeat, “What branch of government do you operate under, sheriff?”

The sheriff answered, “The Constitution of the United States,” to which Chesser responded, “That is what establishes the branches of government; I’m asking what branch you fall under.”

After McFadden answered, “Mecklenburg County” again, Chesser remarked, “This is not where I was anticipating getting stuck. Um, are you aware of how many branches of government there are?” The sheriff quickly shot back, “No.”

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After a long pause, Chesser continued, “For the sake of debate, let’s say there are three branches of government: legislative, executive, judicial. Of those three, which do you fall under?”

The sheriff answered, “I believe I fall under the last one … judicial.”

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

After this, Chesser continued to press McFadden about how he reconciles his responsibility as an officer under the executive branch to enforce the law with his opposition to cooperation with ICE. Chesser asked McFadden how he reconciled his responsibility with a previous statement in which the sheriff said, “We do not have a role in enforcement whatsoever, we do not have to follow the rules and the laws that are governed by our lawmakers in Raleigh.”

The sheriff said that Chesser was taking his quote out of context, saying it was strictly in reference to immigration enforcement.

Though declining to offer more context on the statement, McFadden affirmed his office is now abiding by state law requiring cooperation with ICE, saying, “We follow the law, when the law is produced, we follow the law.”

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In an interview with Fox News Digital the day after the hearing, Chesser, who is an Army veteran and former police officer, said that, “Obviously, those weren’t the cache of questions that I was thinking we were going to get him on.”

“I had several statements that he had made to the media and to the local press and in different interviews that kind of conflicted with some of the testimony that he provided yesterday about following the law. We made it to [only] one of those statements because we got held up on what I thought was baseline, just kind of setting a baseline of how we were to establish that his role is to enforce the law,” he explained, adding, “I was not expecting to have to get into a fifth-grade civics lesson with a duly elected sheriff.”

He said that McFadden has “decided to make himself kind of a centerpiece in the refusal to enforce immigration law here in North Carolina, adding, “It’s not so much the refusal to enforce immigration law, but it’s the refusal to enforce state law that says he must cooperate with ICE and ICE detainers when people are in custody in his facilities.”

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“Last summer, we had the unfortunate death of a young Ukrainian national that had sought refuge in our country and in our state,” Chesser went on. “I think that all North Carolinians, and all people who find themselves in North Carolina, should be able to count on one thing when it comes to public safety, and that is whether or not you are safe and whether or not the law will be enforced is not dependent on what county you find yourself in.”

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“North Carolina is a safe state for all the people who choose to come here, and that is the point of the Oversight Committee [hearing] that we were having was, making sure that the law is equally applied and fairly applied across all imaginary lines in our state,” he said.

The Mecklenburg County Sheriff’s Office did not immediately respond to Fox News Digital’s request for comment.