“an issue the federal government has sole authority over”
No, they have authority over Naturalization. Border control is implicit in the requirement to prevent Invasion, so it’s different from “immigration”.
The fact that border control is done by a police agency is due to Posse Comitatus Act, otherwise it would still be done by the military. But that doesn’t mean that the States are powerless.
No one thought they could not until the 1980s when the Mexican invasion agitators started chanting “only the federal goberment can make an immigration law” and culminated with Mariana Pfaelzer striking down parts of Prop. 187 in 1996.
Simply because the Mexican Reconquistadores say it doesn’t make it true.
I've recently taken it ones step further to argue that the federal border control agency should be shut down on 14th amendment equal protection grounds.
What about interior states? Are they entitled to the same federal border protection as states that share borders with Mexico or Canada? If the states are sovereign entities, then their borders are their own territory to protect equally, whether interior or facing a foreign country. Do away with federal border control, give that money back to the states and let the states maintain and police their own borders against illegal trespass.
-PJ
“The fact that border control is done by a police agency is due to Posse Comitatus Act, otherwise it would still be done by the military.”
What? Posse Comitatus restricts the use of the military to enforce “civilian” laws. Can’t have the 82nd Airborne setting up speed traps on route 12, and that kind of thing.
To suggest that the US Army can t secure the southern border is lunatic leftist twaddle.
It may come as a surprise to some, but the US Army has a long history in protecting the border. Is it your contention we can deploy troops to say, Afghanistan or Iraq without a formal declaration of war, yet we can’t deploy troops to protect our own country from invasion?
With all due respect, either you are crazy, or the judiciary is, Or Leftists, etc.