States may not seek to trump the federal government’s determinations or attempt to “complement” this scheme beyond the narrow strictures authorized by Congress. Hines, 312 U.S. at 66-67; see also GLAHR, 2012 WL 3553612 at *8-9 (finding state harboring statutes are field preempted when they overstep the narrow role Congress provided the states under 8 U.S.C. § 1327(c)). By authorizing the unilateral decision to detain an individual based on that person’s 5 Indeed, § 6 would “provide state officers even greater authority to arrest aliens on the basis of possible removability than Congress has given to trained federal immigration officers.”

; Lem Moon Sing v. United States, 158 U.S. 538, 547 (1895). In Part VIII of Chapter 12 of the INA, Congress has provided a detailed set of sanctions for those who unlawfully enter, 8 U.S.C. § 1325, and for the third parties who aid in their entry and stay, see 8 U.S.C. § 1323 (penalizing persons for unlawfully bringing aliens into the United States); 8 U.S.C. § 1324 (penalizing persons for bringing in or harboring certain aliens); 8 U.S.C. § 1327 (penalizing persons who assist certain inadmissible aliens to enter the country); 8 U.S.C. § 1328 (penalizing the importation of aliens for immoral purposes). These statutory provisions reflect the fulfillment by Congress of the exclusive authority vested in it by the Constitution to substantively regulate the terms and conditions of an alien’s entry and subsequent movement, Case 2:11-cv-02746-SLB Document 2 Filed 08/01/11 Page 43 of 85 33 including by criminally sanctioning third parties who assist or aid that entry.

] (relating to nuclear materials), (C) an act which is indictable under title 29, United States Code, section 186 [18 USCS § 186] (dealing with restrictions on payments and loans to labor organizations) or section 501(c) [18 USCS § 501(c)] (relating to embezzlement from union funds), (D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title [18 USCS § 157]), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act [21 USCS § 802]), punishable under any law of the United States, (E) any act which is indictable under the Currency and Foreign Transactions Reporting Act, (F) any act which is indictable under the Immigration and Nationality Act, section 274 [8 USCS § 1324] (relating to bringing in and harboring certain aliens), section 277 [8 USCS § 1327] (relating to aiding or assisting certain aliens to enter the United States), or section 278 [8 USCS § 1328] (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain, or (G) any act that is indictable under any provision listed in section 2332b(g)(5)(B) [18 USCS § 2332b(g)(5)(B)].” 18 U.S.C. § 1961(1).

18 Part VIII of Chapter 12 of the INA sets forth various penalties relating to unlawful entry, including criminal penalties on an alien who unlawfully enters the United States, 8 U.S.C. § 1325, as well as several provisions targeting those who assist in an alien’s unlawful entry. See 8 U.S.C. § 1323 (penalizing persons for unlawfully bringing aliens into the United States); 8 U.S.C. § 1324 (penalizing persons for bringing in or harboring certain aliens); 8 U.S.C. § 1327 (penalizing persons who assist certain inadmissible aliens to enter the country); 8 U.S.C. § 1328 (penalizing the importation of aliens for immoral purposes). Collectively, the structure of these provisions demonstrates that Congress has fully occupied the field of regulating the terms and conditions of an alien’s entry, and that this field includes penalties on third parties who assist or aid in that entry.