“If an array of thousands choose to exercise their Constitutional right to remain silent and are deported, why should they not be able to sue? “
You only have a Constitutional right to refrain from self-incrimination. If you are otherwise innocent of any crime, you have no constitutional right to refuse to identify yourself to lawfully appointed officers of the government.
I would not object, however, if my tax dollars were used to flog people who attempted to bring such a lawsuit.
You have a right to remain silent. As for identifying yourself, provide your name. Further invasions of your privacy are government intrusion on your privacy and intolerable and not covered by existing law.
You are not allowed to invent new laws for imaginary solutions when they do not exist. The mantra is “enforce the law”. That is explicitly limited to current law. No new ones.
And you will be paying awards with your taxes, not for flogging.
This “build the fence” plan and “throw out the illegals” plan are not plans at all. “Enforce the law” is no plan at all. You can’t “enforce the law” if you can’t identify the illegals, and . . . the truth is you can’t under current law.