If law is unjust, you change the law. It has happened in American plenty of times. Hell, America was founded in part because an unjust law was imposed on us.
vargas, when he was smuggled into this country, was not "special case" at that time. This is a typical, hallmark fraud case. The coyote, fake passport, fake student visa, fake greencard the list goes on.
you want the Law to be just in above case? i am just saying there needs to be punishment and accountability.
Believe me, the US immigration law is lot better, just and clever than most other countries. There are lot of legal aliens that comply with it, and grateful for the opportunity.
He committed 70% of the fraud after turning 16. He is not kid anymore, and be responsible for his situation/actions.
What about legal alien kids who come (sent by parents) here legally for undergrad studies...pay upto 100K in tuition fees, and be sent back if can't get job visa or other legal immigration problems? Wouldn't you argue, this kid knows nothing , he was shown the american dream, he deserves greencard/citizenship?
Lot of other scenarios can be argued.
There is law for a reason, and 300 millions American citizens and legal aliens abide by it. Do you want make all of them feel idiots?
This is just further evidence that the system is terribly broken. And, of course, in this case the kid getting sent home still has the illegal immigration option. He/she's no worse off than someone like Vargas, though residing illegally is probably more difficult when you're already on file with the gov't.
There is law for a reason
So you say. Clearly it's not working out very well, or situations like this (and many others) wouldn't pop up so often, and immigration reform wouldn't be a hot-button issue of national importance.
... and 300 millions American citizens and legal aliens abide by it. Do you want make all of them feel idiots?
They can feel however they want to feel; I don't particularly care. They do have one huge benefit over Vargas' situation: they don't live in fear every day that someone will find out about them and they'll get sent back to their birth country.
Obviously you've never dealt with immigration. My wife was a Chinese citizen here on a student visa when we married, and so I've dealt with the process first hand.
It seems to me that most people believe that the process of getting a green card or citizenship is just a matter of filling out a couple forms, going to a notary, and waiting a few months for everything to be approved. Nothing could be farther from the truth, and as a result, many people who want to do everything legally, who really try to do so, wind up with an illegal status.
The process involves scores of forms that must be filled out just so. I can tell you from personal experience that figuring out exactly what the INS wanted was a challenge -- for me, an native English speaker who got 680 on the SAT verbal section. It's nearly impossible for non-native speakers, but many of them can't afford a lawyer to help them.
My wife's application was rejected twice. The first was due to confusion about the correct papers to prove marriage. The second was due to improperly collected fingerprints. We went to the State Police to have the fingerprint cards done. Who is better qualified to take good fingerprint samples than the police, right? We were rejected because the NJ State Police are not certified by the INS as fingerprint authorities. It seems that, to get the prints done legally, we had to drive to the duly certified fingerprint authority, some 40 miles away, which turned out to be a camera shop. Her prints were taken by some Indian guy, obviously an immigrant himself, rather than a police officer -- and these were accepted.
On one occasion the wife was at the INS office in NYC Federal Plaza. The woman at the counter was telling wife that something had to be done just so, no exceptions. Wife asked to speak to a manager to try to clear up the misunderstanding -- a perfectly legitimate request in any business. Rather than trying to work with my wife to resolve the disagreement, the worker pushed a little button, and two big burly guys came out of a door and physically removed my wife from the premises, claiming that she was a threat.
Obviously this process is not about a correct and complete application: they are about perpetuating the INS itself, through the fees for fingerprint certifications; shoring up their little fiefdoms, and so on. Anyone who believes that people who are unsuccessful in navigating this bureaucracy are criminals, bad elements that we don't want in our society, is badly mistaken.