An ICE official testifying before a Senate panel corrected a Democrat's claims on the administration's immigration and border enforcement, Ainsley Earhardt reported Wednesday.

Hawaii Sen. Mazie Hirono was questioning ICE Executive Associate Director for Enforcement and Removal Operations Matthew Albence about the immigration laws being prosecuted by the agency.

"These individuals are [in holding centers] because they have broken a law," Albence said in response to Hirono asking whether he would want his child put in an ICE facility.

Hirono countered that the illegal immigrants "have broken a law only as deemed so by [President Donald Trump]."

Albence corrected Hirono, saying that Trump did not create the law that criminalizes unauthorized border crossings.

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"I'm confused," Hirono said.

Albence cited the Immigration and Nationality Act of 1952, codified under Title 8 of the U.S. Code.

He said that illegal entry can be prosecuted as a civil and/or criminal infraction.

"When you cross the border [illegally]... it is a misdemeanor," former ICE official John Torres told Earhardt on "Fox & Friends."

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