Attorney Kris Kobach Cracks Down
source: http://www.google.com/hostednews/ap/article/ALeqM5iyezCoOAgGtLIzgaAdO5cs8P-smgD9FK6PF00
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TOPEKA, Kan. —
When politicians and police across the country want to crack down on illegal immigration, they often reach out to the same man: a little-known Kansas attorney with an Ivy League education who is the architect behind many of the nation's most controversial immigration laws.
Kris Kobach could not attend West Point because of diabetes, but he regards his efforts on immigration as a substitute for military service.
"They can't call him trailer park trash, which is the kind of comment you hear about advocates on our side," said Michael Hethmon, director of the Washington-based Immigration Reform Law Institute.
Kobach helps draft proposed laws and, after they are adopted, trains officers to enforce them. If the laws are challenged, he goes to court to defend them.
His most recent project was advising Arizona officials on a new law that empowers police to question anyone they suspect of being in the country illegally. Critics say it violates the Constitution's provisions against unreasonable search and seizure by allowing police to engage in racial profiling.
But Kobach insists an officer stopping a crowded van for a traffic violation has a reasonable suspicion its occupants are illegal immigrants if none of them has an ID, the van is traveling a known smuggling route and the driver is evasive.
"I could not care less whether they come from Mexico or Germany or Japan or China," said Kobach, who speaks with the affable air of a college professor, even when making cutting political remarks. "An alien who also is here with terrorist intentions can carry any passport. This isn't about race or national origin."
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remanns
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This is an excerpt-( not my text )
Myth #3: The Arizona Law is unconstitutional because ONLY the national government can enforce immigration law. The idea that foreign affairs is exclusively the province of the federal government is commonly asserted. But this not necessarily true-- at least if one respects the Constitution’s text and original understanding.
Although Article I Section 8 of the Constitution gives Congress the power to make naturalization laws, nowhere does the Constitution specifically mention which level of government enforces immigration policy. One could make the argument that states have the right to enforce immigration policy, especially if the federal government has been negligent, due to the Tenth Amendment.
Let me explain. The Constitution gives the federal government supreme authority over foreign policy. Congress and the President can pre-empt an issue by exercising one or more of their enumerated powers. If Congress dislikes a state action in that realm, Congress can pass a law overriding it. However, if Congress has not acted or acted incompletely, the states have certain reserved powers, thanks to the Tenth Amendment, to act on their own. In other words, the Constitution acknowledges concurrent, although subordinate, state authority over foreign affairs – including immigration.
So, due to the federal government’s inaction to secure the border, Arizona feels compelled to take action
- 2 years ago
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remanns
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remanns
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"His most recent project was advising Arizona officials on a new law that empowers police to question anyone they suspect of being in the country illegally".
- 2 years ago
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remanns
