RALEIGH, N.C. (WNCN) — The union that represents most border patrol agents has endorsed U.S. Rep. Ted Budd in his bid for North Carolina’s open seat in the Senate.

But is the Congressman’s campaign overstating that endorsement in a campaign ad?

THE CLAIM: The words on the screen say Budd has been “endorsed by the National Border Patrol Council” while the narrator says Budd “is backed by border patrol.”

THE FACTS: It’s a case of what you see being more accurate than what you hear.

The words shown on the screen are correct: The National Border Patrol Council, which represents about 18,000 of the approximately 20,000 people who work for the government agency, has endorsed Budd.

The council broke with tradition in 2016 to endorse Donald Trump’s bid for president. Trump has endorsed Budd for Senate in this year’s elections.

A statement posted on Budd’s campaign website from Brandon Judd, the president of the council, explains the endorsement by saying the Congressman “has got the backbone to get in there and fight for a secure border.”

“We face a lot of challenges, and we know that Ted Budd will help us, not abandon us,” Judd said in the statement.

Judd did not return an email from CBS 17 News seeking an interview.

But the narrator saying that Budd is “backed by border patrol” could leave the viewer with a wrong impression.

The U.S. Border Patrol — part of the U.S. Customs and Border Protection — not only hasn’t endorsed anyone, it can’t.

“It is unlawful for members, more senior members of the executive branch to take positions in political campaigns,” said Dan Bowling, a law professor at Duke University and an expert on labor unions. “So we’re dealing with a different animal here.”

Jonathan Felts, a senior advisor to the Budd campaign, said the phrasing had to do with timing.

“The ad is worded the way it’s worded because we only have 30 seconds to get everything in there,” he said.

I asked if he was concerned it might give the impression the endorsement came from the agency itself. Felts’ emailed response dripped with sarcasm as he called it a “genuinely-first-world-problem.”

“If you’re a Democrat trying to get people to talk about anything other than Joe Biden’s record setting inflation and out of control gas prices, you worry about the genuinely-first-world-problem of how people watching political TV ads with their eyes closed might be impacted,” he said. “Or what would happen if a blind person was…watching TV?”

The ad begins with video of someone coming down the barrier on the border as the narrator lists a series of criticisms of the Biden Administration: “Open borders. Crime. Drugs. The worst president ever.”

But the video used to criticize Biden is actually from 2019 — when Donald Trump was president. 

The video originally was posted on the Twitter account of the Arizona office of U.S. Customs and Border Protection on Jan. 23, 2019, and shows the patrol arresting more than 100 people from Central America who had scaled the wall.

Felts quipped that “we were concerned that if we used Joe Biden Disaster on the Border footage, it would terrify viewers unprepared for an R-rated cinematic experience” but that “we knew some lame-stream-media types would quibble about it.”

He added that “we used the 2019 footage as it conveys the problem but hopefully does not terrify the working families of NC.”