That’s a valid concern.
Unconditional txs in a block N probably need to pay a premium compared to normal transactions in block N (and possibly also N+1). Something that normal transactions wouldn’t do. Inclusion lists have the issue of handling the increase in gas from full block to full block.
For example, by forcing IL txs to commit to double the current base-fee (plus some tip), the IL should be used pretty exclusively for txs needing CR. Normal users can still tip+correct current basefee, and risk getting in through the normal entrypoint.
In such a setup, a user needing CR in the presence of non-censoring proposers probably sends an IL tx and a non-IL tx (which can tip more due to lower basefee). If the proposer is censoring, we’re back to square 1… Maybe ILs can be enforced by non-proposer validators?