This would be hard to do given sovereign immunity. I highly doubt you'd get them to waive their immunity for an "official act" done by the President. The FTCA does allow for some exceptions but it's pretty narrow.

Definitely odd to see that the default is to let this keep happening, counterintuitive is a word that comes to mind

It was the obvious consequence of SCOTUS getting rid of the nationwide TRO, but here we are anyway.

Violation of the Constitution? Guess we will continue to let it slide until some future date.