Your point is taken; however, most protest the HYPOCRISY of all the snooping whilst allowing the border to remain a sieve. It's easy to see why someone would think the snooping is on our own folks.
During War 2, England was locked down, imminent invasion ect., travel was difficult and permits were necessary to relocate. Talk was guarded, roadblocks were numerous and all citizens were subject to questioning and search if deemed necessary. No one complained and everyone understood. It was not a police state, the citizens were mature enough to recognize that the nation was at war. The bad guys are here already and we are at war.
Your point re the open borders is more than valid, it is unbelieveable considering the times we live in. One school of thought holds that it is part of a long term plan to establish an economic block including both Americas, with open borders throughout, therefore the lack of enforcement would be intentional. Too soon I would think.