Archive for Sunday, April 8, 2012

Kansas officials await ruling on Arizona immigration law

April 8, 2012


— Kansas hasn’t adopted an Arizona-like immigration law, but several current and former elected officials from Kansas have chosen sides as the issue goes before the U.S. Supreme Court.

The court will hear arguments April 25 in the legal battle between the state of Arizona and the federal government over the immigration law known as Senate Bill 1070.

Kris Kobach, a Republican who before being elected Kansas secretary of state gained national attention by pushing tough anti-immigration laws, helped write SB 1070. The measure was adopted by the Arizona Legislature and enacted by Gov. Jan Brewer in 2010.

The law contained a number of controversial provisions that are now front and center before the Supreme Court.

One of the most controversial requires local police in Arizona to determine the immigration status of anyone stopped if there is a reasonable suspicion that the person is in the country illegally.

The Justice Department says regulating immigration is the job of the federal government, not the states. Officials in Arizona, a state bordering Mexico, say the feds haven’t done their jobs and that is one of the reasons for SB 1070.

In addition to legal briefs from the specific parties in the case, the Supreme Court has received approximately 40 legal briefs from others who support and oppose SB 1070, according to a report completed by the Immigration Policy Center, a nonpartisan group whose mission “is to shape a rational conversation on immigration and immigrant integration.”

Kansas is one of 16 states that have signed on in support of SB 1070. That decision was made by Kansas Attorney General Derek Schmidt, a Republican. Schmidt’s office says he supports preserving powers of states to promote public safety. His office said Kansas has not spent any money in the litigation.

The man whom Schmidt defeated for office in 2010, Steve Six, a Democrat, has joined a group of more than 40 former attorneys general, who have filed a legal brief opposing SB 1070. Robert Stephan, a Republican who served as Kansas attorney general from 1979 to 1995, has also signed on in opposition.

They argue that SB 1070 makes citizens less safe. By turning local police into immigration agents and inviting racial profiling, the law undermines the necessary trust in communities that police must have to carry out their duties, the former attorneys general say.

On the federal level, U.S. Reps. Lynn Jenkins, R-Topeka, and Mike Pompeo, R-Wichita, have joined 54 other Republican members of Congress in a legal brief supporting the Arizona law.

“In light of the federal government’s refusal or downright ineptitude in protecting American citizens along our southern border, Arizona should have the power to deter illegal immigration in accordance with federal standards,” Jenkins said. “Instead of spending time and resources stopping states who wish to defend our borders, the federal government should address the dire need to immediately secure our borders.”

The Justice Department, however, has argued that SB 1070 will make matters worse. Requiring local law enforcement to investigate all suspected illegal immigrants diverts time and resources from higher priority criminal cases committed by noncitizens, it argues.

Although Kobach was one of the main movers behind SB 1070 and continues to provide legal representation to other cities and states in immigration cases, he said he is only indirectly involved in the Supreme Court case. He signed a legal brief supporting Arizona’s position.

“I haven’t yet determined whether I will attend the oral arguments on the 25th or not,” Kobach said. “It will depend on how busy my schedule in Topeka is, whether any events arise that require me to be in Topeka, and whether or not I decide to take a vacation day,” he said.

During the 2012 legislative session, Kobach urged Kansas legislators to pass a bill similar to the Arizona statute.

“Unless Kansas acts, we will become the No. 1 destination for illegal aliens in the Midwest,” he said earlier this year.

But the proposal hasn’t gotten far in the Kansas Legislature as several business and religious groups lined up in opposition.

At a recent meeting of business owners, Gov. Sam Brownback, also a Republican, said the Legislature should leave illegal immigration to the federal government.

“I think it’s primarily a federal issue,” the governor said.


joelwisch2 5 years, 9 months ago

They argue that SB 1070 makes citizens less safe. By turning local police into immigration agents and inviting racial profiling, the law undermines the necessary trust in communities that police must have to carry out their duties, the former attorneys general say.

Illegal aliens are not a race and it worries me a great deal that these people don't know that. That aside.. the illegal aliens are a major crime in action as they continue to deny jobs to the American Citizens. If race .is. involved in this mess, it becomes a racial crime to deny the American Citizens jobs. In addition to all of that, Obama said he would not enforce the Immigration Law in the interior of the United States. 80 miles north of the border and we are on our own. If the local police cannot enforce the immigration law, and protect the local citizens, no one will.

tolawdjk 5 years, 9 months ago

How do they deny jobs to American Citizens?

Are there jobs out there that actually state that "only illegals need apply?"

Are there American Employers with business statements that only hire illegals?

Is there some legal reason preventing American Citizens from applying any available job in the country?

Or are these "jobs" of such intense labor and nominal pay that "American Citizens" are not applying for them?

What assurances are you being fed to demonstrate that once the illegals leave that American Citizens will flock to those jobs? When, in the course of history, has it ever been shown that when cheep labor leaves, industry raises its wages to meet the demands of the work force rather than picking up shop and moving to where the labor costs are lower?

I hate to burst your bubble, but by and large, American Citizens won't work in the meat packing industries. When the illegals are gone, the jobs will move to lower wage countries. It will still be cheaper to ship frozen chickens/cows/pigs to the US than to pay the wages American Citizens feel entitled to.

It is not a racial crime denying American Citizens a job. It is the idea that the job is beneath an American Citizen and it is impossible to provide for a family of American Citizens doing the job at the wages the Illegal Employer is offereing.

When all the "brown people" are back in the "brown people" countries, business will close shop in America and move to brown people land.

Cant_have_it_both_ways 5 years, 9 months ago

Why would anyone want to go to work when they can draw unemployment for 99 weeks, smoke weed all day, get up at noon, cheat on their taxes and work for cash.

The problem is, we don't demand that people work. We give them stuff in quantities they don't need at the expense of we who pay taxes.

deec 5 years, 9 months ago

Then boycott the businesses that hire them. Stop eating meat, fruits and vegetables since these are overwhelmingly processed by immigrants.Contact the agribusiness companies and tell them why you are boycotting their products. Lobby your politicians to make fines hurt for hiring them, and hold CEO's and Boards of Directors criminally liable for their hiring.

jhawkinsf 5 years, 9 months ago

You expect clarity of actions on the part of others, but then try to make clarity impossible to achieve. Some produce is indeed picked by illegals. Some not. Some construction is done by illegals, some not. Some restaurants employ illegals, some not. The boycott you call for would be impossible to implement without discriminating against those who are not hiring illegals. And you know it. And then you oppose attempts to clarify the issue. And should someone advocate for clarity, you accuse them of profiling. If it's "heads I win, tails you lose" the game you wish to play, then I choose not to play your game.

Alexander Smith 5 years, 9 months ago

Protecting the borders and immigration is the responsibility of the Feds. The states responsibility is to take care of the people in their charge with in the borders of their state. EVEN if one border touches another country, illegal immigrants is a country border issue that the Feds should take care of. Arizona currently can't even take care of the non-immigration problems. Whats funny about all this is that they want to deport alll these illegals that are doing the jobs that Americans feel is below their status. They want to get rid fo them but yet not work the jobs they take??? Got to love the GOP and the conervatives. SO FULL of double standards.

hacimo 5 years, 9 months ago

This is not true. Under the constitution, the federal government has responsibility for setting "uniform rules of naturalization". However, once these rules are set all levels of government are equally and jointly responsible for seeing that they are enforced. The key difference is between the power to set rules (federal) and the power to enforce rules (joint). In the early days of the republic the federal government had no agency like homeland security or ICE or even a standing army. The state governments were supposed to look after their own territory and make sure the immigration rules were followed. Although the federal governments role in enforcement has expanded, the state role is not thereby diminished. Thus, if the federal government cannot enforce the uniform rule of naturalization, or if it simply has no interest to do so, then the states are fully empowered to fill the vacuum on their own. I predict that the Obama administration, and all others who are opposed to the power of the states to enforce immigration law, are in for a big legal drubbing.

hacimo 5 years, 9 months ago

The video is fully documented. It is produced by the same people who exposed the fraud of the ACORN voter registration organization.

overthemoon 5 years, 9 months ago

O'Keefe? A 'source'?? He's a lying and sneaky little twerp who 'proves' his investigations by clipping snipping video to make people seem to say things that they didn't say. Documented? No, that's spelled 'Doctored'.

hacimo 5 years, 9 months ago

The idea that enforcing "little violations" is a waste of time and that police should concentrate on major crimes is a long debunked fallacy. The pioneering work of sociologist and criminologist James Q. Wilson has demonstrated that this is simply not true. In fact Wilson (and colleagues) showed that toleration of seemingly small violation inevitably leads to a general sense of impunity and social disorder that escalates and snowballs into a ultimate collapse of benign social order on all levels. This is somethings called the "Broken window theory", and Wikipedia has an excellent article on the basic idea. Modifications to police methods based on Wilson's work have drastically reduced crime rates in our major cities and saved countless thousands of lives. These were first introduced in New York city under Rudy Giuliani who hired Bill Bratton as police chief to implement the necessary measures. The results were so dramatic that they have now been implemented in most major US cities and crime rates in places as different as Albuquerque, Boston and Los Angles have fallen accordingly. The basic lesson for policy on immigration is that tolerating "harmless" offenders is exactly the wrong approach and it will eventually lead to more and more illegal immigration in an uncontrollable feedback. Likewise any thought of Amnesty for "small" offenders is destructive and will backfire. One simply needs a zero tolerance approach at all levels. To understand the psycological forces at work, imagine a supermarket check out line at which people are waiting to receive service. Now suppose that someone cuts into line with only a single small item loudly making excuses and asking apologies. Further suppose that the cashier serves the line cutter before people who have been waiting patiently. The people waiting may be silent and say nothing but the resentment and the destructive effects of the cashiers' toleration are enormous; far exceeding the actual damage done or the time lost. The reason is that people follow rules because they understand that others also follow rules and that rules apply to everyone. Once the general sense that societal rules are enforced in a fair and just fashion breaks down, the whole basis of society is threatened and one gets more small violations and more disintegration and then bigger violations and a downward spiral is started.

tomatogrower 5 years, 9 months ago

What!!! Brownback, this would have been a great way for a lawyer friend to make a whole lot of money from the taxpayers, defending a stupid law. Is Arizona the only state where the lawyers are going to get rich?

deec 5 years, 9 months ago

Perhaps Kris's plate is already too full defending other states and municipalities to take on a Kansas case.

Alexander Smith 5 years, 9 months ago

lol.. thank you for displaying your lack of brain capacity.

Lets look at this Obamacare in another light. YOU and as far as I know every state REQUIRES auto insurance. THIS saves the public untold billions of dollars EVERY year in lawsuits, damages, claims that if they didn't..YOU would bepaying for.

NOW open your eyes and lets take alook at the cost of healtcare.. do you know what one of the leading reasons is for the insane costs of medical care?? let me point you back tot he auto insurance. ITS because YOU and ME who have insurance.. pay for those who do NOT. Doctors and hospitals CANNOT by law refuse medical treatment to anyone. They MUST provide care and stablize them or they can go to jail and lose their funding and license..whatever. NOW if everyone was required to have insurance.. that would in theory save the public untold billions of dollars every year.

SO.. get off your horse of ignornace and think.

usnsnp 5 years, 9 months ago

One method to start stoping illegals from comming into the country is to put CEO,s of the companies that hire them in jail. As for securing the borders do you realize what it would take, National ID cards, every car, train car and container opened and inspected, not just at the border but at all ports where containers come in. Then there is all the beaches, you would have to patrol all of them, all ready drugs and people are being landed north of the border in California, then not last but not least what about the Canadian Border. If you want to live in a police state that would be the only way to stop all of the problem.

jhawkinsf 5 years, 9 months ago

Putting CEOs in jail sounds good, but I wonder what the numbers are of illegals who work in major corporations. In California, you can find 100 at every Home Depot, every paint store, every hardware store. They're looking for day labor as carpenters, plumbers, painters, etc. Jobs Americans very much want. And not a CEO in sight. Just some unlicensed general contractor. Many more work as cooks, bussing tables, etc. in small mom and pops restaurants. Again, no CEOs. Hold those accountable? Yes. And hold the illegals accountable as well? Yes.

Flap Doodle 5 years, 9 months ago

If you are in America illegally, you have the right to a balony sandwich to enjoy during your one way bus ride to the border.

tbaker 5 years, 9 months ago

Police determining someone’s residency status when probable cause exists to do so could be ethnic profiling? Golly…I guess that means the police checking the person’s criminal record to determine if they have any open warrants for their arrest would be criminal profiling? This is as dumb as the argument that holds you shouldn’t need a form of ID to vote. The only people who have anything to worry about with these kinds of laws are the ones who have a good reason to be worrying about these kinds of laws – because they are breaking them.

Cant_have_it_both_ways 5 years, 9 months ago

They can pull you out of your car to see if you have been drinking. There is no reason why they should not be able to pull you out to see if you are legal.

a_flock_of_jayhawks 5 years, 9 months ago

Yeah, Kris, please take that vacation day. Better yet, make it a year or so. Go ahead, it's OK and Kansas will be better off.

greenworld 5 years, 9 months ago

What's the difference between a mexican-american and a mexican from mexico?? How will they ever tell the difference>> This will never work and there would be profiling to the fullest. If there's that many jumping the border up the numbers on the border patrol to thousands instead of hundreds and quit making the poor cops do your job. What a joke.

Alexander Smith 5 years, 9 months ago

I was talking to a friend and his grandpa over Easter about this. He is part American and part Japanese. He looks more Japanese then American. His first words to me was.. WW II all over again. Internment camps here we come.

Flap Doodle 5 years, 9 months ago

Would the Department of (selective) Justice get themselves all in a lather about a little voter fraud? (from a source)

Brittanicus 5 years, 9 months ago

With Republican leaders of the House continue to block a vote on a national mandatory E-Verify bill, the Sponsored H.R.2885 – Chairman Lamar Smith's 'Legal Workforce Act' the Obama Administration has issued a statement that it is getting E-Verify ready to handle a big expansion. U.S. Citizenship and Immigration Services (USCIS) are planning to launch a 2012. Whoever passes E-Verify it will go a long way to stop the hiring of foreign workers. A much updated version will be released and like the majority of software the bugs will be removed, until it has a 100 percent success rate. On hiring job seekers the employer will be held accountable for failing to examine the form I-9 and checking identification by using the federal government database. Any person red flagged has the opportunity to resolve this issue at the offices of Social Security. Obviously fraudulent documents will be excluded and their bearers will certainly not go near the domain of the SS authorities. May be as illegal aliens drift back to their home countries, wages will start to rise in the entertainment, service, farming and other industries.

We must have a fresh outlook in the House and Senate, and kick out all the incumbents who are the puppets of the Socialist agenda, big corporate entities or special interests. The only chances now is clear out the Congress of corruption, the dissenters of the Constitution, the sellers of favors on both sides of the aisle and bring in fresh faces of the Constitutional Tea Party. Ordinary Americans by the millions are flocking to nationwide chapter of the Tea Party “The People’s Party” They are Conservatives who have become demoralized with the GOP and the Democrats and seek a better future for every American. Unless we start cleaning out the toilet, nothing will ever change for the good of every citizen and legal resident.

Brittanicus 5 years, 9 months ago

Stop this travesty that is bypassed by the Senate and House. Close all the loopholes in the law, which is pandering to the illegal alien invaders. Punish the Politicians, Governors, Mayors and the whole mix of elected officials that are harboring foreign nationals, who have implemented Sanctuary cities ordinances, who have driven policies of Dream Acts, Chain migration and another catastrophic Comprehensive Reform packages. Even citizen voting priviledges are not safe anymore, from groups like ACORN involved with voter fraud. The U.S. citizenry must step forward and adjoin with the TEA PARTY “THE PEOPLE’S PARTY” to stop the erosion of legal rights, which are being reduced by this administration. Both parties have abused immigration enforcement, by neglecting the fence and the incompetence of acknowledging that ID theft is out of control, that every foreign worker is committing a felony by using U.S. victim’s Social security number and identity in the majority of cases. The illegal alien occupation are racking up over a $100 Billion dollars a year, with no end in sight.

The Justice Department led by the notorious Attorney General Eric Holder and his Inquisitors have used the courts, to try and emasculate the States of Arizona, Alabama, Georgia, South Carolina, Indiana, as their own ineptitude to rid America of the illegal alien blight, whether calculatingly or not? My guess if Arizona’s law passes as constitutional under the court ruling a lot of states like Mississippi, will be crying foul, as hundreds of thousands of illegal aliens will be rapidly on their doorstop. THEY WILL BE HEADING FOR YOUR STATE TOO, READY TO PILFER YOUR PUBLIC ASSISTANCE PROGRAMS. Readers should insist that their politicians in Washington pass a mandatory E-Verify law. By prosecuting businesses that do not authenticate their workers, we would soon start to free-up jobs for Americans. Don't you think it’s time to call your Representative at 202-224-3121 in Congress? USE every enforcement program available, including ‘Secure Communities’ and the 287 G policing. The most astronomical physical expenditures are the ‘foothold baby citizenship,’ which desperately needs to be amended, as to the prenatal care and ongoing expenses for taxpayers.

Brittanicus 5 years, 9 months ago

You can also learn more of the Obama government ignoring your Constitutional rights at NumbersUSA. Even better explore the American Patrol website that the Democrats and Liberals don't want you to view. This really is an eye opener of a daily menu of articles from the press both national and rural, which gives you a glimpse of the illegal alien problem and so much more. Mitt Romney, Rick Santorum and even Ron Paul, would be stunned to the amount of unfunded mandates, place upon every American of free programs allocated to foreigners and not to citizens and residents.

oceras 5 years, 9 months ago

I would just like to commend Scott Rothschild for a very well-written and unbiased article. Bravo!

greenworld 5 years, 9 months ago

In other news....the royals won...Yippee!!!!!

governmentnerd05 5 years, 9 months ago

I think this law has good and bad sides to it.

The good being that illegal immigrants are a growing problem in the US, concerning jobs especially. Guarding the boarders obviously isn't working, so in order to make progress there is going to have to be harsh action being taken.

The bad being that stopping every car that has reasonable suspicion of being illigal is ridiculous. That is going to take up too much of the officer's time and it's not fair to these people. They aren't bad people.

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