The thing is when she entered with the visa waiver program, she was only 7, so she didn't make the decision herself nor did she have the age to do any such decision, nor she is legally liable for it, hence she shouldn't have to be accountable for it, that is the case here. While ICE wants to make her accountable for it, is inconsistent.

Because you can ask yourself, since when a 5 year old or 7 year old is accountable to make such a big decision?.