And what if someone claims you overstayed the visa, but you didn't? You still need a legal process to defend yourself from arbitrary accusations. Not having a process is not just morally wrong, it is also simply non-functional.
It's just a simple matter of checking the ESTA details online, and your entry stamp in your passport.
The ESTA visa states you waive your rights to a judge if you overstay.
Like I said, I am not condoning what ICE is doing.