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A Glimpse Of Kris Kobach Immigration Plan


The Topeka Capital Journal posted a picture on November 21 of immigration hardliner and unofficial Trump advisor Kris Kobach. In his hand he held a leather portfolio - and his strategic immigration plan for Trump's first 365 days in office.

It ultimately matters little whether this was intentional theatrics or carelessness. Put together with what he's actually said, and his history of hardline immigration enforcement, we know where his mind is. He's expecting challenges to his plans. What he might not appreciate the razor focus his "leaked" plan provides to those who will be doing the challenging. Kobach is a focal point: without his influence, most of these policies will at least lose steam if not be DOA.

It's a plan that targets immigrants, reversed engineered to ensnare as many as possible. Kobach's M.O. is to create as many legal land mines that trigger deportation at the slightest touch. He knows the immigrant community. He knows how to play on people's irrational fear of immigrants. He works with people who know the process of government rulemaking to push these misguided policies through. And he tailors his policies for the immigrant communities he targets.

I want to make this clear. Kobach is an anti-immigrant hardliner. He has allied himself with some of the most extreme nativist and anti-immigrant groups in the country - serving of counsel to the Immigration Reform Law Institute (IRLI) - the legal affiliate of the Federation for American Immigration Reform (FAIR). FAIR (and its sister organizations, the Center for Immigration Studies and NumbersUSA) were all founded or nurtured by John Tanton, an avowed conservationist turned white nationalist who remained on the FAIR board for 32 years, until he mysteriously left 10 days after the New York Times reported about his deep connections to the three groups.

I am not saying Kobach is a "white nationalist." But I don't need to say it: he has adopted, promoted and defended policies with which white nationalists agree.

He was a chief architect of NSEERS, a registry for certain Muslim male immigrants in the wake of 9/11. 84,000 registered, 14,000 were placed in removal proceedings, and 3,000 were detained. Zero terrorism-related convictions. It was such an abject failure that the government itself suspended the program. Kobach advised Attorney General Ashcroft during the "liberal purge" of the Board of Immigration Appeals, when the entire pro-immigrant wing of the nation's highest immigration court was pushed out. He sued multiple times to try to deny in-state tuition for undocumented immigrants, preferring to spend taxpayer money incarcerating people rather than educating them. He defended fear-driven ordinances sanctioning employment of and renting to undocumented immigrants. He designed Arizona's infamous "show me your papers" law, S.B. 1070, requiring police to attempt to ascertain immigration status and criminalizing the act of not carrying identification. Now he wants to bring back NSEERS (or perhaps a bigger and badder version of it), reinstitute failed programs like 287(g), cut off all Syrian refugee resettlement, and shockingly designate anyone merely arrested for any crime as a priority for deportation, facilitating racial profiling. He adopts Trump's "extreme vetting" - and takes it to mean that people from certain countries will be questioned about such things as support for "Sharia law" (itself a misnomer, leaving the non-workability aside) and the Constitution. Stopping non-citizens from voting is a major issue to Kobach, despite the blowback over Trump's unsubstantiated tweet that he would have won the popular vote but for the "illegal votes." (Clinton's popular vote lead currently stands at about 2.2 million.)

Kobach has grown to wield enormous influence over these anti-immigrant policies. They have cost taxpayers millions in legal fees to defend, and countless more in wasted and misdirected efforts.

It's time to fight him. Lawsuits only go so far. Immigration policy is born, lives and dies in the federal realm. It rarely ventures into the states, despite Kobach's efforts to the contrary. Kobach has been waiting for an opportunity to affect change at the federal level. Right now, he has the attention of the President.

So he needs to be challenged in the courts, in the halls of Congress, and in the public square. No longer can immigrant groups fight only for issues directly affecting them. It's time for Muslims to fight for Dreamers and against deportation raids, and Latinos to fight against NSEERS and extreme vetting. It's time for black Americans to fight for refugees from Syria and the Northern Triangle, and for white Americans to fight unchecked police power to arrest and detain immigrants.

Tell Kobach his services are not needed, and that America is bigger than his immigrant-free fantasy.

About The Author

Hassan M. Ahmad, Esq. is the founder and principal of the HMA Law Firm. Licensed to practice in Maryland and Virginia, fluent or proficient in eight languages besides English, known and respected among his peers for his knowledge of the law, research and writing ability, trial skills, and having earned a reputation among his peers as the “go-to” attorney in matters of immigration law, Hassan is an aggressive, dynamic and knowledgeable lawyer who passionately believes in fighting for his clients. Hassan has 14 years of experience in immigration and criminal defense, and is especially familiar with the immigration consequences of criminal activity. He regularly counsels his own clients and defense attorneys on the immigration consequences of pleas and convictions for their non-citizen clients. He has lectured before Virginia defense attorneys on the topic, creating social media groups to better train defense lawyers. He is a regular invited speaker and writer on various topics related to immigration, and is frequently quoted in local and national media.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.