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?