Let's be clear here that this is explicitly not just surveillance. This is surveillance in service of abducting people without due process. We can debate surveillance in the abstract, but this specifically is a feeder program to a system that has illegally deported US citizens without any due process. (Which would have, at step 1, indicated that US citizens cannot be deported.)

This is surveillance as part of a department that explicitly says it is not bound by US law or the Constitution.

All of that makes this program materially different than any other US domestic surveillance program or proposal of which I am aware.