So, do you want the government to be liable for every instance that someone evades punishment for breaking the law, or just the ones that involve immigration law? I mean, you could just as easily argue that if a guy who gets picked up for check fraud is released on bail until his trial goes and stabs an old lady in the neck with a coat hanger, that it wouldn’t have happened if the government had done its job and locked him up for check fraud. Of course, what if you hold him and he stabs another prisoner or a guard? Then the government is liable for not letting him out on bail.
Maybe just to be safe, we should go ahead and hold the government liable for any and every action that they could have taken (or not taken) to cause or prevent something bad from happening. For example, if I didn’t have to stop by H&R Block on the way home to file my taxes, I wouldn’t have been on the road where another car ran into me. If they had required me to come in for regular screenings for illegal drugs, they would have noticed my kidney infection before it got serious. If they had repaired the pothole near my house faster, my tires might have lasted a bit longer and not gotten a flat until I was right next to the tire center.