Stretchman
member
The feds regulate the international borders. The states can challenge anyone who trespasses after warning onto private property. It has to be posted, I believe, in order to be legal. Best if it is posted in both english and spanish.
This could give the citizenry a right to detain the illegals, on the basis that they are traspassing on private property, state owned land, etc. Effecting a citizen's arrest on people would be ok, only if it was plainly obvoius that the area that the incursion occured in was not for public thoroughfare. I'd hate to see the mex border end up like checkpoint charlie. Buit if people aren't going to respect the rights of land owners in the area, and trespass.....
It would be statistically impossible to keep people from crossing into the US. No way on earth anyone could make that determination for the people on the other side, in Mexico, Canada, where ever. But, once they have made the conscious decision to cross into the country, then they can be detained. Trying to hold them off at the border will never work. They'll simply cross over every day, and be sent back. It will turn into a game for them.
Detaining them once they have crossed over, as soon as they have crossed over, different story. Ignore them until they are onto private property that is posted no trespassing. Once they have made the incursion, simply detain them and call the local authorities. May take them all day to come around. A few weeks of that, and it won't matter what the feds say can and can't be done on the border. Once inside the US, they are in someone's state. Approach it from that level. Take them in front of the judge, sentence them to do some cleanup of the border area. Then turn them over to BP, and get them sent back. Won't see much of them after that.
Stretch
This could give the citizenry a right to detain the illegals, on the basis that they are traspassing on private property, state owned land, etc. Effecting a citizen's arrest on people would be ok, only if it was plainly obvoius that the area that the incursion occured in was not for public thoroughfare. I'd hate to see the mex border end up like checkpoint charlie. Buit if people aren't going to respect the rights of land owners in the area, and trespass.....
It would be statistically impossible to keep people from crossing into the US. No way on earth anyone could make that determination for the people on the other side, in Mexico, Canada, where ever. But, once they have made the conscious decision to cross into the country, then they can be detained. Trying to hold them off at the border will never work. They'll simply cross over every day, and be sent back. It will turn into a game for them.
Detaining them once they have crossed over, as soon as they have crossed over, different story. Ignore them until they are onto private property that is posted no trespassing. Once they have made the incursion, simply detain them and call the local authorities. May take them all day to come around. A few weeks of that, and it won't matter what the feds say can and can't be done on the border. Once inside the US, they are in someone's state. Approach it from that level. Take them in front of the judge, sentence them to do some cleanup of the border area. Then turn them over to BP, and get them sent back. Won't see much of them after that.
Stretch