Saturday, January 28, 2012

Meet Mr. Immigration Law: Kris Kobach

Kris W. Kobach is the Secretary of State of Kansas.[1]He is also currently of counsel with the Immigration Law Reform Institute in Washington, D.C.[2]

He is a former chairman of Kansas Republican Party and city councilman in Overland Park, Kansas. He ran unsuccessfully for Kansas's 3rd congressional district in 2004. In May 2009, he announced his candidacy for the Republican nomination for Secretary of State.[3] In August 2010, he won the Republican nomination for Secretary of State in a three-way race, carrying 50 percent of the vote, and was elected Secretary of State in the general election in a 59–37 percent vote

Kobach graduated from Washburn Rural High School in Topeka, Kansas in 1984. Four years later, he earned an A.B. (summa cum laude) in Government from Harvard College, graduating first in his class in the Government Department. Subsequently, the Court of St. James awarded him a Marshall Scholarship, which allowed him to earn M.A. and D.Phil. degrees in Politics from Oxford University (in 1990 and 1992, respectively). He then returned to the United States and attended the Yale Law School, where he earned his J.D. in 1995[1][4] and served as an editor on the Yale Law Journal. During this time, he published two books: The Referendum: Direct Democracy in Switzerland (Dartmouth, 1994), and Political Capital: The Motives, Tactics, and Goals of Politicized Businesses in South Africa (University Press of America, 1990).

From 1995 to 1996, Kobach clerked for Judge Deanell Reece Tacha of the Tenth Circuit Court of Appeals in Lawrence, Kansas. He began his professorship at UMKC shortly thereafter.

In 2001, President George W. Bush awarded him a White House Fellowship to work for Attorney General John Ashcroft. At the end of the fellowship, he stayed on as Counsel to the Attorney General. Shortly after the attacks of September 11, 2001, he led a team of attorneys and researchers who formulated and established the National Security Entry-Exit Registration System. In addition, he took part in work to reshape the Board of Immigration Appeals in 2002. After his government service ended, he returned to UMKC, where he holds a chaired professorship

While running for Congress, Kobach represented out-of-state students (on behalf of Federation for American Immigration Reform) in a lawsuit against the state of Kansas, challenging a state law which grants in-state tuition to illegal immigrants. The suit was dismissed for lack of legal standing for the plaintiffs.[6]

In 2005, Kobach filed a lawsuit on behalf of the Immigration Reform Law Institute, challenging a similar law in California. In September 2008, the California Court of Appeal held that California's law granting in-state tuition rates to illegal aliens was preempted by federal law. (Martinez v. Regents, 166 Cal. App. 4th 1121 (2008)).

In November 2010, the California Supreme Court unanimously reversed, finding that the law was not preempted by federal law.[7]
In 2010, Kobach filed a third lawsuit, this time in Nebraska.[8][9] The case is still pending
.

Kobach has also litigated several lawsuits defending cities and states that adopt laws to discourage illegal immigration. He served as lead lawyer defending the city of Valley Park, Missouri in a federal case concerning an ordinance that sanctioned employers who hire unauthorized aliens. The ordinance was upheld by Missouri federal judge E. Richard Webber on January 31, 2008 (Gray v. Valley Park, 2008 U.S. Dist. LEXIS 7238).[4][5] The ACLU, representing the plaintiff, appealed the case to the Eighth Circuit of the U.S. Court of Appeals. Kobach prevailed in the appeal, and the Court allowed the Valley Park ordinance to stand (Gray v. Valley Park, 567 F.3d 976 (8th Cir. 2009)). The ordinance was upheld by Missouri federal judge E. Richard Webber on January 31, 2008 (Gray v. Valley Park, 2008 U.S. Dist. LEXIS 7238).[4][5] The ACLU, representing the plaintiff, appealed the case to the Eighth Circuit of the U.S. Court of Appeals. Kobach prevailed in the appeal, and the Court allowed the Valley Park ordinance to stand (Gray v. Valley Park, 567 F.3d 976 (8th Cir. 2009)).

Kobach is also the lead attorney defending the city of Hazleton, Pennsylvania, whose anti-immigration ordinances had been struck down by a federal judge in Pennsylvania and again before the Third Circuit of the U.S. Court of Appeals.[10]

He is currently involved with another lawsuit, involving a Farmers Branch, Texas ordinance that prevents landlords from renting to illegal immigrants.[4] That case is on appeal before the Fifth Circuit Court of Appeals.

Kobach played a significant role in the drafting of Arizona SB1070, a state law that attracted national attention as the country's broadest and strictest—at the state level—anti-illegal immigration measure in a long time, and has assisted in defending the state during the ongoing legal battle over SB 1070's legality.[11][12][13] On February 7, 2008, Federal Judge Neil V. Wake ruled against a lawsuit filed by construction contractors and immigrant organizations who sought to halt a state law that imposes severe penalties on employers who knowingly hire illegal immigrants.[4][5] The plaintiffs appealed the ruling, but Arizona prevailed (with Kobach's assistance) in the Ninth Circuit Court of Appeals (Chicanos por law Causa v. Napolitano, 558 F.3d 856 (2009)). The case is currently before the U.S. Supreme Court.

Kobach was also credited as a primary author of Alabama HB 56, passed in 2010, which has been described as tougher than Arizona's controversial law. Alabama State Senator Scott Beason and Representative Micky Hammon met Kobach at an Eagle Forum of Alabama conference in Birmingham. They worked closely with Kobach to draft the bill so that it would survive judicial review.[14]

In the 2004 election cycle, Kobach was the Republican nominee for Congress in the 3rd District, besting primary opponents Adam Taff and Patricia Lightner (Taff had previously lost the 2002 election for the same office to Dennis Moore,[15] and Lightner was a six-year veteran state legislator).[15]

He lost to incumbent Dennis Moore, 55%–43%. The victory was the largest of Moore's congressional campaigns.

The campaign thrust Kobach onto the national stage, mostly due to his stances illegal immigration issues and campaign contributions he received from groups reportedly tied to white supremacists.[5][16][17][18][19] He was given a speaking role on the opening day of the 2004 Republican National Convention and used his slot to call for the U.S. military to be sent to the Mexican border to block illegal immigration.[20]

On May 26, 2009, Kobach announced his candidacy for Kansas Secretary of State. His opponents in the Republican primary were Shawnee County Election Commissioner Elizabeth Ensley and J.R. Claeys, former president of the National Association of Government Contractors. Kobach won the Republican nomination with 50.6% of the vote. Ensley and Claeys finished with 27.0% and 22.4%, respectively.[24]

On November 2, 2010, Kobach defeated incumbent Democrat Chris Biggs, 59%–37%. Kobach was endorsed by former U.S. Senator Fred Thompson, as well as former U.S. Attorney General John Ashcroft (his former boss at the Dept. of Justice). Arizona's Maricopa County Sheriff Joe Arpaio campaigned for Kobach as well.[25]

Kobach's treasury secretary, Tom Aprke, was accused of hiding campaign contributions and expenditures

http://en.wikipedia.org/wiki/Kris_Kobach

References

1.^ a b c d "Kris W. Kobach". University of Missouri–Kansas City School of Law. Retrieved July 20, 2009.[dead link]
2.^ "Immigration Law Reform Institute Attorney's Page". Immigration Law Reform Institute. Retrieved July 20, 2009.[dead link]
3.^ Carpenter, Tim (May 26, 2009). "GOP primary assured". Topeka Capital-Journal. Retrieved May 28, 2009.
4.^ a b c d e Lawyer Leads an Immigration Fight ,Monday, July 20, 2009, Online edition http://www.nytimes.com/2009/07/21/us/21lawyer.html?_r=1&hp
5.^ a b c d "The Nativists: Kris Kobach, 41 – Kansas City, MO". Southern Poverty Law Center. Spring, 2008. Retrieved July 25, 2009.
6.^ Maines, Sophia; Rothschild, Scott (September 28, 2006). "Immigrant tuition law on trial". Lawrence Journal and World News. Retrieved July 25, 2009.
7.^ California Supreme Court Upholds § 68130.5’s Resident Tuition Payment for Illegal Aliens; Deems Federal Immigration Statutes Non-Preemptive, November 15, 2010, accessed January 11, 2012
8.^ Don Walton, "Immigration lawyer says lawsuit isn't politics" Lincoln Journal Star, January 10, 2010, accessed February 23, 2010
9.^ Mary Sanchez, "Kobach is still at it on tuition crusade" The Kansas City Star, January 27, 2010, accessed February 23, 2010
10.^ New York Times, Sunday, February 10, 2008, p.(A)22
11.^ O'Leary, Kevin (April 16, 2010). "Arizona's Tough New Law Against Illegal Immigrants". Time.
12.^ Schwartz, John; Archibold, Randal C. (April 28, 2010). "A Law Facing a Tough Road Through the Courts". The New York Times: p. A17.
13.^ "Why Arizona Drew a Line" OpEd by Kobach, The New York Times, April 28, 2010 (April 29, 2010 p. A31 NY ed.). Retrieved April 29, 2010.
14.^ Talbot, George (16 October 2011). "Kris Kobach, the Kansas lawyer behind Alabama's immigration law". Mobile Press-Register.
15.^ a b Humphreys, Zachary; Kropf, Martha (May 2, 2005). "The Road to Congress 2004 – Ch 3: Hustle, Attention, And a Little Bit of Luck: Moore Defeats Kobach in Kansas Third Congressional District". Nova Science Publishers. Retrieved July 25, 2009.
16.^ Election 2004 Coverage, The Washington Post (November 4, 2004). "Election 2004 State Roundup – The Plains". Washington Post. Retrieved July 25, 2009.
17.^ Moon, Chris (October 24, 2004). "Iraq war, taxes and health care drive 3rd District race". Topeka Capital-Journal. Retrieved May 28, 2009.
18.^ Zeskind, Leonard (September 23, 2004). "Kris Kobach loads up with anti-immigration ammo". Kansas City Pitch. Retrieved July 24, 2009.
19.^ Bulkeley, Deborah (February 25, 2006). "Foe of immigrant tuition denies supremacist links". Deseret News: pp. B.01. ISSN 07454724.
20.^ Blumenthal, Max (October 18, 2004). "Backlash on the border". Salon.com. Retrieved July 25, 2009.
21.^ http://cjonline.com/stories/073107/sta_188000024.shtml
22.^ http://cjonline.com/opinion/2010-06-16/letter_kobach_responds
23.^ http://www.hutchnews.com/Todaystop/C-1276048745-05
24.^ "2010 Kansas Republican Primary election results for Kansas Secretary of State", KMBC-TV Channel 9, Kansas City, August 4, 2010.
25.^ "Arizona sheriff Arpaio stumps for Kobach", Wichita Eagle and Kansas.com, July 14, 2010.
26.^ [kansas.watchdog.org/7620/kobachs-campaign-committee-to-face-ethics-civil-fine-hearing/ "Kobach's campaign committee to face ethics civil fines hearing"], KansasWatchdog.Org, September 29, 2011.
27.^ "Don MacRobert knows how to get ahead of the game", by Ronnie Apteker and John Vlismas, Business Report, May 25, 2007. Retrieved April 29, 2010.
28.^ "President Bush Appoints His First Class Of White House Fellows", White House Press Release, June 19, 2001. Retrieved April 29, 2010.
29.^ Campaign bio, Campaign Web site. Retrieved April 29, 2010.

http://en.wikipedia.org/wiki/Kris_Kobach

[edit] External links
Secretary of State's website
UMKC Faculty Biography
Washburn Rural H.S. Alumni Hall of Fame
New York Times profile, 2009

http://en.wikipedia.org/wiki/Kris_Kobach