May I repeat - absent that "small detail" < /sarcasm >, those cases, IMO, should never have a US court docket assignment.
Right; and I agree.
No legitimate entry, no "rights."
That is after all the law.
But who the Hades is bothering with enforcing the law?
This reminds me of when the Clinton-Hillary administration was pushing for more gun-laws, and an assistant Attorney General, when questioned how many had been prosecuted for illegal possession of firearms under the old law, alleged "none" had been, much to his embarrassment; the Department of Justice had not been enforcing the old law.
The laws are on the books.
We should use them, instead of passing more "feel good" laws. We should demand that our desk-sitting broad-bottomed bureaucrats do the work for which they are very well paid.