We should have the same policy for foreigners as well.
So when we were storming the beaches of Normandy, we put each Nazi soldier shooting at us on trial first? Funny, I don't recall ever reading that we did that.
Or going back a bit further, what about those Confederate soldiers? They were all US citizens, even if they claimed otherwise. The US government never accepted the fact that they were anything but insurrectionists (which is all that they were). It's only the Confederate framing that claims they were an independent state during that time.
So they've created a dependency on your phone's location service being always on for what reason, exactly?
Why is this not needed anywhere else that contactless payment for transit services has been successfully implemented?