The following is a quote from the US Non-immigrant Visa application form (DS-156)
Do you seek to enter the United States to engage in export control violations, subversive or terrorist activities, or any other unlawful purpose? Are you a member or representative of a terrorist organization as currently designated by the U.S. Secretary of State? Have you ever participated in persecutions directed by the Nazi government of Germany; or have you ever participated in genocide?
Will people who satisfy the above criteria actually going to answer truthfully? Even these "criminals" do, does the US Immigration and Customs Enforcement (ICE) actually thinks that these people will then send these answers in to the US ICE with their personal details, so that they can be arrested?
I know that majority of criminals are stupid, but this is a bit too presumptuous on the US ICE part.