I was just asking if a misdemeanor offender can be subject to a citizen's arrest in Arizona if his misdemeanor offense is directly witnessed by the arresting citizen. I assume that if someone is seen ambulating the border in the middle of nowhere that it is being done without governmental permission.
Most likely, but one should never assume anything.
Years ago, when I first started in immigration enforcement, I ran across a little known law that states that a person crossing the border at a place other then a port of entry, has 48 hours to present himself to an immigration official for inspection.
Many of my fellow officers know of this law also, but none of us can find it, so it may have been repealed.
It was designed for people entering at remote locations or by sea, but was legal anywhere.
The bottom line is, in Arizona, you'll be arrested for stopping anyone from crossing the border, unless you are law enforcement. A couple of kids ran into that problem down in Yuma a few years ago. They saw the folks crossing and decided enough was enough. They tried to arrest them family and even handcuffed one. If my memory is correct, they were a mix of Resident Aliens and US Citizens. Bad news for the kids.
That is the crux of the problem. You don't know who is crossing. Is it a US Citizen, a legal resident or an illegal alien? You don't know if the person is crossing legally or illegally. All you’re doing is opening yourself up to arrest and a law suite.
That’s why the minuteman folks are not to detain or impede the people they see. Just record the incident and report it. There are too many variables.