It's only a matter of hours before a Michelle Malkin files a criminal complaint against this kid's mother, don't you think?

The mother of a Maryland second-grader who questioned First Lady Michelle Obama about the Obama administration's immigration policy will not be deported, federal officials said Thursday.

Immigration and Customs Enforcement will not take action against the mother, according to the Department of Homeland Security.

“ICE is a federal law enforcement agency that focuses on smart, effective immigration enforcement that prioritizes criminal aliens who pose a threat to our communities," spokesman Matthew Chandler said in an e-mail. "Our investigations are based on solid law enforcement work and not classroom Q and As.”

On Wednesday the little girl asked Obama why the president was "taking everybody away that doesn't have papers."

"That's something that we have to work on, right? To make sure that people can be here with the right kind of papers," Obama said.

"But my mom doesn't have any papers," the student said as the first lady ended her answer.

The exchange went viral almost immediately and provided the most unscripted, "real world" moment of an otherwise over-scripted series of events in honor of Mexican President Felipe Calderon's state visit.

In an interview conducted in Spanish after the event, the 7-year old girl told a reporter: “I’m a big girl and I don’t want to be left with nothing. I could almost die.”

“My mommy wants papers so that she can be here legally, so that she doesn’t have to go to Peru,” the girl said (according to a rough translation by the bilingual Eye.)

Ed.: Sure enough, the disappointment is palpable at Malkin's place.