The State needs to recognize that there are two substantial problems here. One is drug smuggling by armed felons -- I don't think their presence on a person's land can be construed as anything other than a felony in progress, when they're a) transporting drugs and b) packing weapons c) across a national border in violation of customs, immigration, and possibly firearms laws as well (they commonly carry some automatic weapons).
The other problem is people-smuggling. Whereas the border-crossers themselves are arguably felons if they've been previously rounded up and deported, the coyotes most certainly are, so that when a large group of (say) over half-a-dozen people is encountered, then very likely at least one of the group is a coyote, and it is likely that a felony has occurred. Don't you think?
So, be warned.