Ok, I should not have said it that way, and my intent wasn't trying to cause fear. I apologize it came out that way.
The official factors considered by CBP are not publicly available. So, no, I cannot say what they are supposed to officially consider.
This is what I was verbally told by the few officers I encountered in our issue that they do not like it.
It could be they were out of line with what was allowed, but the letter from my lawyer helped diffuse the situation.