I concur. Luckily, our system of justice and law - while ideally blind - is not without reason and common sense, and allows for mitigating (and aggravating) circumstances. So while a daca recipient is here illegally, the fact they are not here of their own volition is certainly a mitigating circumstance, and likely an affirmative defense.

If I kidnap someone and take them to a military base without authorization, we are both in violation of the law. The person I kidnapped shouldn't be charged, and if they are, the fact I kidnapped them provides both a mitigating circumstance and an affirmative defense.

True, the person couldn't then live on base, lol. But it shouldn't keep them out of the military.

I concur. Luckily, our system of justice and law - while ideally blind - is not without reason and common sense, and allows for mitigating (and aggravating) circumstances. So while a daca recipient is here illegally, the fact they are not here of their own volition is certainly a mitigating circumstance, and likely an affirmative defense.

If I kidnap someone and take them to a military base without authorization, we are both in violation of the law. The person I kidnapped shouldn't be charged, and if they are, the fact I kidnapped them provides both a mitigating circumstance and an affirmative defense.