Ted Cruz was forced to admit by Sean Hannity that the transportation of undocumented migrants from Florida to Martha’s Vineyard by Ron DeSantis was likely illegal.
The Florida governor has been widely criticised for flying two planeloads of Venezuelans to the upscale island, where Barack Obama has a $12m home, as part of a Republican immigration publicity stunt.
Mr Cruz, a US Senator from Texas, cast doubt on the legality of the move when he appeared on Sean Hannity’s Fox News show.
Hannity asked the Canadian-born lawmaker whether he would likely face arrest if he had personally taken a truck, collected immigrants from the border, and driven them across the country.
“For you, a citizen, you could easily be arrested, although to be honest Joe Biden’s Justice Department wouldn’t arrest you,” replied Mr Cruz, who is a lawyer.
Hannity, a long-time public critic of the president, pretended to take offence at that claim.
“Oh no, I’m a conservative, I disagree, they would arrest me, if I was a liberal I would get away with it,” he said.
“Well, that’s true,” admitted Mr Cruz.
Hannity then asked him if the law was clear on human trafficking, to which Mr Cruz uncomfortably admitted, “It is clear.”
He then quickly turned his attention back to the White House.
“Right now the biggest human trafficker on the face of the planet is Joseph Robinette Bidden Jr.”
The group of migrants sent by Mr DeSantis to the Massachusetts island has now been transported to a large shelter operation supported by state agencies in Cape Cod.
Following two nights on the island, agencies are now “coordinating efforts among state and local officials to ensure access to food, shelter and essential services for these men, women, and children,” according to Massachusetts Governor Charlie Baker’s office.
The governor also plans to activate up to 125 members of the Massachusetts National Guard.
Mr DeSantis has faced widespread criticism after arranging flights for 50 migrants, including families with children, most of whom initially fled Venezuela, arriving unannounced in Massachusetts.
He has defended the effort, pledging that there will be “more and more” to come from a $12m state-funded programme that he has promised to “exhaust”.