Gummint can't very well expect the legal businesses to jump to obey when the Gummint has put them in this position. It has to work both ways, or everybody is going to adapt to some degree of extralegality, ignoring the official law. Law comes from the practice of the people, not from on high--that's well known from legal history.
Bottom line is it's the Feds job / responsibility to secure the borders. And they are not. What are we paying them for?