Conservative Expert on Immigration Law to Pursue Suit Against Executive Action

Eli Saslow, Washington Post, November 22, 2014


[Kansas’s secretary of state, Kris Kobach] has devoted his career to an immigration fight he always believed would be incremental. First he sued states for offering in-state college tuition to illegal immigrants. Then he wrote tough immigration enforcement laws for Arizona and Alabama. Then he counseled Texas Gov. Rick Perry (R) on the legality of using the National Guard to patrol the U.S.-Mexico border. He has been playing the long game, hoping to build a consensus case against amnesty over the course of his career, but now, listening on the phone, it sounds to him as if Obama is saying the case is over and the ruling is in. If so, his life’s work is unraveling, and a last stand will have to come now.

“Unbelievable,” he says, listening to Obama explain the basics of his plan to defer action for up to 4 million illegal immigrants, and when Obama says he will no longer deport people who have “played by the rules,” he begins writing notes.

“Illegal means not playing by rules,” he writes.


People are enraged. They ask about the possibilities of impeachment or arresting the president for treason, and Kobach shakes his head. “Then what can we do?” one man asks.

Kobach says he has spent the last week considering that question, and he can think of only two options. “Congress could vote to defund parts of the government,” he says, but his friends in Congress tell him that is unlikely. The other option is a lawsuit filed by states and U.S. Immigration and Customs Enforcement agents against the federal government. “That one’s on me,” he says. He tells the group he has already begun drafting a suit as the lead attorney, with plans to file it in early December. Texas is interested in being a plaintiff. So are a few other states.

“Either we win this way or we lose big,” Kobach says. “If that happens, all of these illegal aliens will be eligible to feed at the trough filled by hardworking American people.”


That’s how he considers himself: as a man of absolutes, of order. His four daughters are home­schooled. His hair is always gelled and styled. He keeps an oversize dictionary open on a stand by his desk and an antique map collection on the walls. He went from being a champion high school debater, to graduating summa cum laude in his class at Harvard, to rowing for Oxford, to editing the Yale Law Journal.

“I believe in rules and fairness,” he says, and those are among the reasons he says he was attracted to immigration law in the first place. In what other kind of law was the legal conclusion so obvious? “Illegal alien,” he says. “We can argue it a million ways, but really, what more is there to say?”


“Extremist,” he says people call him sometimes.

“Racist,” he says people label him, so regularly that “the word has almost lost its meaning for me, which is sad.”

“Heartless,” he says. “I get that one a lot. But I have compassion for the taxpayers who are supporting these people. I have compassion for our citizens who are unemployed. Every time an illegal alien gets a job, that’s a job that probably would have gone to an American at the bottom of the economic ladder. So, yes, of course I might feel badly for an illegal alien. But feeling is not the end of the inquiry.”

An inquiry for Kobach requires data, economic-impact studies and legal-case histories, and what bothers him most about immigration in the age of Obama, he says, is his sense that the debate has become more emotional than rational. “There are always sob stories and rallies,” he says, and then he explains how last year, one of those protests arrived at his house. Four buses drove up his street in a quiet suburb of Kansas City. A few hundred protestors spilled out onto in his front lawn on a Saturday afternoon, singing and shouting. A line of children marched to his porch and set their shoes on his welcome mat to represent parents who had been deported. They rang the doorbell. “We belong together,” they chanted.

Kobach and his family weren’t home. They had gone to visit in-laws in Nebraska. A neighbor called Kobach on his cellphone to tell him about the rally, and Kobach called the police. Thirty minutes later, the protestors were gone and their shoes had become evidence, and ever since that day, Kobach says he has thought about what might have happened if he had been home to answer the door. It made him think about mob dynamics and the importance of the Second Amendment. It made him think about his four daughters, who could have been inside the house. “If they had seen that, it would have been scarring, and I don’t know how I could have gotten over that,” he says.

“The thing about emotions is they can be unpredictable,” Kobach says. “I like to think I would have been rational.”


The key to his lawsuit is finding the right plaintiffs, he says, so he has spent the last weeks compiling a list of more than a dozen ICE agents who he says are eager to file suit. They were hired and trained to enforce the country’s immigration laws, and now, he says, they believe that the president is essentially asking them to break those laws. Kobach also wants at least one state to be a plaintiff, likely Texas and possibly others. States are “lining up to sue this time,” he says. He could file one lawsuit on behalf of several states, which he thinks might have the best chance of reaching the Supreme Court. Or he could file individual lawsuits, one for each state, and force the issue into several federal court districts.


“In the courtroom, there is a stronger case and a weaker case,” he says. “What I care about is having the stronger case.”

Topics: , ,

Share This

We welcome comments that add information or perspective, and we encourage polite debate. If you log in with a social media account, your comment should appear immediately. If you prefer to remain anonymous, you may comment as a guest, using a name and an e-mail address of convenience. Your comment will be moderated.
  • Larry Klein

    Republican leadership appears to be in full-out sellout mode. What lindsey graham and boehner fail to grasp is that they’re going to need votes to advance the chickenhawk agenda of their Israel-first donors. Fat chance. If the Republicans can’t stand up to the illegal Amnesty they are useless to those not named “Adelson” or “Bloomberg.” RIP RINO party

    • Larry Klein

      ie you can’t do executive action wars, princess graham, unless you are the chief executive

    • Realist

      So well said.

  • IstvanIN

    I like this guy. About illegal aliens: “We can argue it a million ways, but really, what more is there to say?” He is right, absolutely right! We don’t need fancy talk, we need straight talk.

    We need a compete overall of our elected “leaders”. If the Republicans really cared about Americans this guy could be our next President. Not only by hammering home the damage immigrants are doing to our economy, government budgets, and our environment he could point out how immigration actually hurts black Americans. They might actually get Republicans more than 10% of the black vote, rather than Rand Paul’s kissing Sharpy Sharpton’s behind. Of course the Republicans would undermine Mr. Kobach at every turn.

    • Realist

      “We don’t need fancy talk, we need straight talk.”
      We don’t need any talk, we need action.

  • dd121

    Who still think lawsuits are going to change the course of the unconstitutional acts of these politicians?

    • Realist

      Not me.

  • MBlanc46

    Good on him.

  • WR_the_realist

    While I must applaud Kobach for his actions I have grave doubts that they will do any good. Since when has a lawsuit against a sitting president gone anywhere?

    • none of your business

      Even when Whites win lawsuits it means nothing.

  • none of your business

    He will lose the lawsuit, especially if it gets to the supreme court. That will take about 10 years in which time those illegals will have cost the taxpayers billions, put 5 million Americans out of work and raised the price of housing about 150 percent in immigrant impacted areas.
    If he wins the lawsuit, like all the anti affirmative action lawsuits and peopositions it will not be enforced.

  • Paleoconn

    This man has more talent, intelligence, ability, credentials, accomplishments in his pinky nail than Obama has in his whole rotten commie race-baiting body. How can the latter hack be President and Kobach be in a lower state office.

    Sessions-Kobach 2016
    Obama-Impeachment 2014

  • mobilebay

    I’ve hoped for years that Mr. Kobach would toss his hat in the ring for the presidency. If he would go on national TV and tell citizens exactly what the invasion means for this country, maybe we’d have a fighting chance. There are others who could speak also – Frosty Wooldridge, for one – Sen. Sessions and several in Congress who love this nation. No one is explaining the disaster that will result in the future. If the level of illegal and legal immigration continues, we will be living in the next third world.