The question is not whether the US has the right to harass and jail and deport foreigners. The question is whether it is an incredibly stupid and counterproductive thing to do.
The US gets a lot of money from foreign visitors and students as well as a lot of goodwill. Harassing these people for no productive purpose is just plain stupid and very counterproductive. That energy would be better spent elsewhere.
You could demand that tourists first submit an itinerary with every hotel they will stay in and make them report to police in every town they arrive in. Yes, the US could do that and it would be within its rights. It would also mean a huge loss of cash from tourists because people do not like that kind of stuff.
You could demand every hotel check people’s papers and if they are not US citizens then register their passport and make sure they have a valid visa. After all China does it.
But every check and control means a waste of productive energy. When the net effect of that check and control is negative, then it is better to not do it. This is the equivalent of owning a store and spending hundreds of thousands of dollars to prevent the shoplifting of athousand dollars worth of merchandise. . . maybe, if you are lucky.
Government bureaucracy is a huge drag on the productivity of a country. One of the things which makes the USA a more productive country is that, contrary to what many Americans may think, is has less bureaucracy than most other countries.
Asking foreign students to re-register with the INS is just a stupid and counterproductive waste of government resources. Jailing and deporting people for minor bureaucratic infractions is incredibly unfair, incredibly counterproductive and incredibly stupid. But I guess legislators never heard the concept “unintended consequences”.
One further consequence of bureacratic uber-control is that it necessarily leads to corruption. When you need paper X and failed to meet the criteria, and when everybody, including those in authority, know paper X is really a worthless formality, then you will get paper X for love of for money. China is a very good example of a nightmare of a control bureaucracy which really controls very little. They just harass everyone. Chinese hotels are required to check your passport and visa. Seeing how the people there cannot understand western script what it leads to is either (a) they spend 30 minutes or more wrestling with your passport and just maybe getting the information right or (b) just filling the form out any quick way, probably wrong. I guess law and order types would see it natural and reasonable if they heard an American tourist in China was jailed for some time and then expelled when he (or a hotel clerk) made a mistake in filling out the registration form. I, OTOH, believe governments are made to serve the people, and not the other way around. What the INS is doing does not serve humanity as a whole nor does it serve the US people. It is just a stupid waste.