Duh, “Hold or Detained” for Border Patrol is different from Arresting. Dem. Idiots Gov. Michelle Lugan Grisham and her incompetent AG.
And the ACLU is notorious for awarding criminals, and victimizes the victims of crimes….just read their fabricated & extremely inflammatory negligent statements…” “The Trump administration’s vile racism has emboldened white nationals and fascists to flagrantly violate the law,” the ACLU said. “This has no place in our state: We cannot allow racist and armed vigilantes to kidnap and detain people seeking asylum. We urge you to immediately investigate this atrocious and unlawful conduct."
Legally, the Minutemen have every right to do exactly what they are doing. The right to assemble and the right to bear arms are both protected under the First and Second Amendments
New Mexico
The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section [31-4-13 NMSA 1978]; and thereafter his answer shall be heard as if he had been arrested on a warrant .
History: Laws 1937, ch. 65, § 14; 1941 Comp., § 42-1914; 1953 Comp., § 41-19-14.
http://public.nmcompcomm.us/nmpublic/gateway.dll/?f=templates&fn=default.htm
Criminal Penalties
For the first improper entry offense, the person can be fined (as a criminal penalty), or imprisoned for up to six months, or both. For a subsequent offense, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)
But just in case that isn’t enough to deter illegal entrants, a separate section of the law adds penalties for reentry (or attempted reentry) in cases where the person had been convicted of certain types of crimes and thus removed (deported) from the U.S., as follows:
(1) People removed for a conviction of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined, imprisoned for up to ten years, or both.
(2) People removed for a conviction of an aggravated felony shall be fined, imprisoned for up to 20 years, or both.
(3) People who were excluded or removed from the United States for security reasons shall be fined, and imprisoned for up to ten years, which sentence shall not run concurrently with any other sentence.
(4) Nonviolent offenders who were removed from the United States before their prison sentence was up shall be fined, imprisoned for up to ten years, or both.
What’s more, someone deported before a prison sentence was complete may be incarcerated for the remainder of the sentence of imprisonment, without any reduction for parole or supervised release.
(See 8 U.S.C. Section 1326, I.N.A. Section 276.)
Civil Penalties
Entry (or attempted entry) at a place other than one designated by immigration officers carries additional civil penalties. The amount is at least $50 and not more than $250 for each such entry (or attempted entry); or twice that amount if the illegal entrant has been previously fined a civil penalty for the same violation. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)
What Is Illegal Entry?
The immigration law actually uses the term "improper entry," which has a broad meaning. It’s more than just slipping across the U.S. border at an unguarded point. Improper entry can include:
entering or attempting to enter the United States at any time or place other than one designated by U.S. immigration officers (in other words, away from a border inspection point or other port of entry)
eluding examination or inspection by U.S. immigration officers (people have tried everything from digging tunnels to hiding in the trunk of a friend’s car)
attempting to enter or obtain entry to the United States by a willfully false or misleading representation or willful concealment of a material fact (which might include, for example, lying on a visa application or buying a false green card or other entry document).
(See Title 8, Section 1325 of the U.S. Code (U.S.C.), or Section 275 of the Immigration and Nationality Act (I.N.A.) for the exact statutory language - www.uscis.gov/laws/immigration-and-nationality-act.)
https://www.alllaw.com/articles/nolo/us-immigration/crime-enter-illegally.html