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Notes -
The kid was/is in custody since his father was taken in on a lawful warrant and his mother refused to take him. It doesn't take a gigantic legal intellect to think why doing your best to force through 'Depriving any legal birthright American citizen of their parents is against the constitution and American values' opens up a gaping channel for future mischief.
But that also leads to abuse of the Starfleet Academy sort: "mommy may have been an accomplice to murder, but we can't send her to space rehab! because that would separate her from her kiddy-winkie! so mommy can commit crimes and get away with it! that's the just and fair thing to do!"
Why did the mother refuse to take the child? How about if instead of deporting daddy, he had been sent to jail for crime? Would it be "no, he has a five year old child, you can't send him to jail"? What about all the five year olds who get taken in by state agencies because no parents/parents in jail?
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Especially when coupled with abused birthright citizenship
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