Kobach challenges Appeals decision to strike down federal immigration law

Kansas Attorney General Kris Kobach has joined 24 other attorneys general in challenging an immigration ruling they say has wider implications.
Published: Jan. 25, 2023 at 4:44 PM CST
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TOPEKA, Kan. (WIBW) - Kansas Attorney General Kris Kobach has joined 24 other attorneys general in challenging an immigration ruling they say has wider implications.

The 25 states filed an amicus brief asking the US Supreme Court to overturn a ruling from the Court of Appeals striking down a federal law that criminalizes the act of encouraging or inducing non-citizens to illegally enter the country.

The Ninth Circuit Court of Appeals struck the law down on the grounds that it was overly broad and could harm the right to free speech.

Kobach says the law is essential for prosecuting the smuggling or harboring of illegal immigrants.

“This federal statute has been on the books for many decades, and it is essential to prosecuting those who smuggle and harbor illegal aliens or take actions to facilitate illegal immigration,” Kobach said.

Kobach also says the ruling could undermine other criminal laws such as soliciting someone to commit a felony or inducing children into misconduct.

“Allowing the Ninth Circuit’s decision to stand threatens widespread uncertainty in the states’ ability to enforce their criminal laws that use these terms,” Kobach said.