To summarise the Judges position:
You can kill them but you can't deport them. (shaking my head dolefully from side to side)
At the risk of going out on a limb, I take it that you disagree with the above as a public policy matter. Would that be a fair assessment?
Moving right along, you will not like this, but the judge's decision is totally correct, as a legal matter. What critical distinguishing element are you missing here, John? This is a test of your mental agility and perspicacity. (By the way, I have not read any of the other posts on this thread. Maybe somebody else got it, maybe not.) I saw Askel's name. Maybe she cut the legal knot here. :)