For the record, I'm no fan of ICE/CBP, but it looks like they're just enforcing the law here.
For the record, I'm no fan of ICE/CBP, but it looks like they're just enforcing the law here.
Putting her in a literal prison and in an orange jumpsuit is overkill. Clearly she just screwed up and thought what she was doing was ok, but isn't a threat. Let her go back to the UK and no longer be eligible for ESTA. How is that not sufficient?
The problem with any immigration service in the world is that they are dealing with non-citizens which lack most protections citizenship would have given them — which means that it may take its sweet time before courts actually hear her defense and probably decide as you suggest (along with introducing a 3 or 5 year ban on entering the US).
Second, I disagree with your stance on strict enforcement without discretion, this often lead to unjust outcomes. Laws exist to serve justice, not just to be enforced blindly.
Third, addressing your "ignorance of the law" argument, sure it may not be a defense, but the expectation that everyone fully understands a convoluted legal system is unreasonable.
The fact that courts are slow is a problem unto itself that should be solved independently.