And this is the future court battle to come - if the FedGov absolves itself of it's plenary power to control the border, does it give the States the right to do so in it's absence?
A question that SCOTUS needs to answer for certain.
Well, there is the
Tenth AmendmentThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.But that does not deal with a power delegated to the United States (Federal Government) that the Federal Government fails to utilize in its Constitutional Duty.
Legally, does that power then devolve then to the State(s) which are affected, or for that matter to each of the several States to exercise as they see fit?
The term "Constitutional Crisis" has been bandied about quite a bit in the last few years, but this may actually be one.