That doesn't work in all cases. ESTA visa for example you give up the rights to due process if you overstay on that visa as part of the agreement to the visa.
Doesn't justify anything that ICE are currently doing though.
And what if someone claims you overstayed the visa, but you didn't? You still need a legal process to defend yourself from arbitrary accusations. Not having a process is not just morally wrong, it is also simply non-functional.
Doesn't justify anything that ICE are currently doing though.