If we're going to move to consent, part of the problem with this notion is that you really have not had very many opportunities to do anything else in attempting to enact your mobility rights to move around the globe freely. If you haven't had due process and the rules of fundamental justice have not been engaged to deny you that right, the problem here is simple: if we make it known that you will be subject to a regime that my organization says does not comport to the rules of fundamental justice, saying that you have informed consent is a deeply problematic notion.
I appreciate that the idea of informing the public about what is going on is very important, but strictly speaking, I don't know that we've managed to elude the problem by simply giving information when the alternatives are really virtually negligible.