The Detroit News, here, suffering as it does from a mental disorder known as libertarianism.
Kethledge is being pushed by the Republican Establishment as easier to confirm, in other words by the open borders crowd. For a reason.
The nitwits out there are getting into the weeds of "aggravated" in order to explain this away, some ignorantly equating "aggravated" in the law with "violent", which is hardly controlling. All sorts of things which aren't inherently violent are defined as aggravated by the law, including things which are obviously violent. For example, illicit trafficking in controlled substances and firearms are aggravated, as are money laundering, receipt of stolen property, disclosing classified information (Hillary), fraud (Obama), forgery, et cetera, et cetera, et cetera.
Kethledge ignored the meaning of aggravated in the law in the case described, which suggests he might well dismiss the law in other circumstances when it is attractive to do so, for whatever reason.
There are better candidates than Kethledge who would enforce immigration law instead of try to find an excuse to get around it, which is also what Obama tried to do with the DACA executive order.