Wondering how this could not have been state law decades ago.
I THINK this is a fed-constitutional issue, not certain. But, I think US borders are granted to the feds for control. If this is correct, any state law won’t hold up.
“I THINK this is a fed-constitutional issue, not certain. But, I think US borders are granted to the feds for control. If this is correct, any state law won’t hold up.”
I believe these laws make the distinction that controlling the border is the job of FedGov while what happens to the illegals after they arrive in a US state comes under the purview of state law.
“Wondering how this could not have been state law decades ago.”
Because it was already a federal law. When the federal govt stops enforcing its laws, another method has to be used.
Borders may be fed jurisdiction but a state law making it a crime to enter the state illegally seems like it is stand alone from border enforcement