Kansas Secretary of State to File Suit Against King Obama's Executive Amnesty

Photo Credit: AP

Photo Credit: AP

TONGANOXIE, KAN. – [Kansas 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 . . .

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. . .

“What bothers me most is the constitutionality of this,” he tells one Republican lawmaker over the phone, the day after Obama’s [amnesty] announcement. Kobach is working on the lawsuit, 40 or 50 pages already written. “We have a clear violation here of Article 2, Section 3,” he says. . .

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.

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