You don’t need a criminal attorney for this, you need a litigator or a good constitutional attorney. I can’t believe that the ACLU hasn’t already jumped in on this.
I want to take this opportunity to warn everybody that this whole thing is one great big gotcha. I heard about how the authorities will hold you and grill you when you return to this country, and my first thought was that I’m an American citizen on American soil and so they can just f#*k themselves. But, here’s the “gotcha” – the information you must give to comply with IML is as close to impossible to comply with as it can be. It’s designed that way so that if you don’t cooperate upon reentry, you’ll be toted off to Federal holding and charged with failure to comply with IML requirements. What I’m talking about is any change of plans after you depart will be a violation of Federal law. You’ll be damn lucky if you make it through customs and get home the same day you return from abroad.