The analogy doesn’t change. You get taken into custody for overstaying your visa. That’s the first step of the due process.

I don’t know where you live, but where I line driving without a license is a straight up arrest and fine. You don’t get brought before a magistrate where they present evidence, because the fact you don’t have a license is not up for dispute. There’s no evidence that can change that.

All of this is almost irrelevant though, because the very first step is being detained. That’s the start of the due process.