President Biden has abrogated his responsibility to protect the southern border from the moment he entered office, and the result was predictable.
Last year U.S. Border agents arrested a record 1.9 million migrants illegally entering the United States, and each month sets a new record number of entries.
And if the president is going to allow the invasion to continue, it’s up to the states to take over. The problem is, the Constitution prevents states from directly enforcing federal immigration law — even when federal authorities fail to do so on their own.
Arizona is one of the border states under attack, and Andrew Gould has long thought about the issue. He’s a former prosecutor, judge, and Arizona state Supreme Court justice. He’s now running for state attorney general as a Republican.
He’s formulated a plan to address the problem, by designating all the land bordering Mexico as No Trespassing Zones.
“I’ve been thinking about it for years,” Gould told Newsmax. “I lived in Yuma, on the border for 22 years, and I was a state prosecutor down there.” Accordingly, “I tried to think of a way that the state could enforce border security under state law.”
Using his own observations living in a border town “and based on how we police the Yuma sector, talking to sheriffs, I eventually came up with this idea of a No Trespassing Zone, which is based on state law, state law enforcement and state prosecutors.”
Gould explained that the states are authorized under the 10th Amendment’s police powers to enforce state law. And “when cartels and caravan groups come across the border and step on state or private land, we have jurisdiction to enforce any criminal law they violate — the first, of course. is trespass.”
Once arrested for trespass, officers have the authority to make a search incident to the arrest, which will normally lead to more serious offenses, like possession of drugs or other contraband, weapons or forged identification.
They may have also destroyed property such as barriers or crops.
“There’s a whole constellation of crimes that they’re going to commit — it’s not just going to be the trespass. The trespass is the trigger for the arrest and also for all the other crimes they commit,” Gould explained.
The arrestees are then placed in one of two categories: those affiliated with cartels and those who are not.
The cartel members would be subject to the stiffest penalties — “anywhere from five years to life for a serious drug offender,” Gould said. “And within that group you will always have those who will cooperate, who are willing to testify against the cartel.”
The non-cartel-affiliated arrestees are divided into two sub-groups, the first being repeat offenders. “They may have a prior felony,” Gould explained, and likely committed another crime incident to the trespass for which they’ll be prosecuted.
But the largest group are those who crossed the border illegally with no prior offenses. This group could number in the hundreds of thousands.
Because of their sheer number the state lacks the resources to incarcerate members of that group. They would instead be offered a plea to a minor offense and be placed on unsupervised probation on one condition: that they “obey our laws and voluntarily return to Mexico.”
Gould explained that per federal law “we can’t deport them, but they can voluntarily return to Mexico as part of a plea agreement,.” Also, “if they come back at any point of their two-year probation … they can go to prison.”
No matter what group or category the illegal immigrant falls under, “there has got be a consequence for violating the law” — something that doesn’t concern Biden.
Implementing No Trespass Zone will require additional state funding to hire more personnel, plus cameras, drones, expanded holding facilities, and posting “no trespassing” signs at regular intervals along the border.
Arizona has already allocated many tens of millions of dollars for border protection for ineffective programs, including “a Border Strike Force that doesn’t even make arrests at the border — it makes arrests in Phoenix and Flagstaff.”
“We could fund a hundred new sheriff’s deputies or more, the equipment, and the additional facilities for a fraction of the cost and get some real results,” Gould estimated.
“My view is, let’s not funnel money into things that aren’t going to work. Let’s enforce our state laws and create this No Trespassing Zone. It’ll cost less and it’ll be more effective.”
Although a court order is keeping Title 42 COVID restrictions in place, they’re losing impact because the Biden White House has given "way too many carveouts to many countries," National Border Patrol Council President Brandon Judd told Newsmax's "National Report."
Although the border states are most immediately affected, illegal immigration impacts everyone by taking jobs away from Americans, stretching social service resources, and crowding public schools with non-English speaking students.
Gould concluded, “We need to do everything we can to protect our citizens.” And border states would do well to elect people with real solutions like Gould.
Michael Dorstewitz is a retired lawyer and has been a frequent contributor to BizPac Review and Liberty Unyielding. He is also a former U.S. Merchant Marine officer and an enthusiastic Second Amendment supporter who can often be found honing his skills at the range. Read Dorstewitz's Reports — More Here.
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