My comment shouldn't be read as supporting the activities or really disagreeing with your statement. Was merely indicating that the legal authorities are not as clear cut as the article suggests.

To use your examples:

1) enforcement of borders is a power delegated to the federal government, and it's arguable these activities are within scope.

2) This is not a regulatory program but an enforcement activity (though you could argue that the state doesn't need to support these activities)

:shrug: This is why we have lawyers