Can’t argue with you in terms of the legality, but who in this corrupt regime will bring the the charges?
Well, off the top, it will not be one from the corrupt regime. It will be one or more members of the House (ideally, led by one with a "latino" background) who is willing to point out that all immigrants from the south come here for opportunity and generally with the understanding that our laws are applied equally to all.*
The charges will not be formal but political, and used to introduce legislation that immediately puts significant pressure on Mexico. The legislation will likely fail in the Senate, but the point will be made and used to awaken the public at large.
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* At least for the most part, but certainly more fairly than most of the countries the immigrants left.