Thread: Immigration lawyer says lawsuit isn't politics

Immigration lawyer says lawsuit isn't politics
BY DON WALTON / Lincoln Journal Star | Posted: Monday, February 22, 2010 1:00 am

Kris Kobach says he was impelled by respect for "the rule of law" when he stepped across the border from Kansas to file an immigrant tuition lawsuit in Nebraska.

The lawsuit challenging Nebraska's law granting resident college tuition rates to resident children of illegal immigrants is not politically motivated, Kobach says.

Not connected to his 2010 candidacy for secretary of state in Kansas.

"It's not part of any campaign," Kobach says. "It is who I am."

Some critics have suggested that Kobach has been riding the volatile issue of illegal immigration for political gain.

Former state Sen. DiAnna Schimek of Lincoln, chief sponsor of the 2006 Nebraska law, says she won't make that charge.

"But I do think it's very strange that he's going around to different states filing these lawsuits," she says.

"That does tend to raise suspicions about his motives."

Kobach, who was chief adviser on immigration law and border security to former U.S. Attorney General John Ashcroft in 2001-2003, lost a bid for a Kansas seat in the U.S. House of Representatives in 2004.

In 2007-2009, he was chairman of the Kansas Republican Party.

"The rule of law needs to be enforced everywhere in the United States," Kobach says in a telephone interview.

"It's very important that states comply with federal law."

The Nebraska law is a clear violation of federal statutes, Kobach maintains.

"Part of the task of unraveling the knot of illegal immigration is making sure states follow federal law," he says.

Last month, Kobach filed suit in Fairbury challenging the Nebraska law enacted over Gov. Dave Heineman's veto.

State Sen. Charlie Janssen of Fremont has introduced legislation this year to repeal the statute. Fourteen senators joined him as co-sponsors.

Kobach, who came to Lincoln to testify in favor of Janssen's bill, filed his suit in Jefferson County Court.

Four of the six Nebraska taxpayer plaintiffs are Kobach's relatives.

His lawsuit argues that the Nebraska law violates federal law barring a state from providing "any postsecondary education benefit" to illegal immigrants that is not also available to U.S. citizens.

Schimek says supporters "don't believe the in-state tuition provision is a benefit because these students do not receive any payments from the state."

In any event, the same resident tuition fee is available to U.S. citizens who move to Nebraska, graduate from a Nebraska high school and live here at least three years, Schimek says.

In addition to those requirements in the immigrant resident tuition law, the statute requires illegal immigrant students to sign an affidavit pledging to pursue legal status.

The law is "very defensible," Schimek says. "We believe it is legal."

Fewer than 50 immigrant students currently receive resident tuition benefits in Nebraska colleges.

Kobach says the Nebraska law matches a California law that was thrown out by the California Court of Appeals.

"The Nebraska statute is a virtual copy of the California law," he says.

"The California case is a very important warning to the Nebraska Legislature."

Kobach argued the California case, which now is pending before the California Supreme Court.

Earlier, Kobach lost a similar case in Kansas.

But, he says, that argument "never got to the merits" because the case was thrown out by a federal court ruling that the student plaintiffs did not have standing in the court.

Kobach, a professor at the University of Missouri-Kansas City School of Law, has been an active political figure in Kansas.

Federal and state election officials recently have been probing record-keeping deficiencies at the Kansas Republican Party during one year of Kobach's chairmanship, but the audits have not resulted in any allegations of mishandling of funds.

"We were not playing according to the rules when we should have," party treasurer Steve Fitzgerald told a GOP state committee meeting in Topeka last month, according to the Lawrence Journal-World.

The New York Times has described Kobach as "a conservative law professor (who) is on a dogged campaign to fight illegal immigration at the local level."

This isn't his first foray into Nebraska.

Last year, Kobach represented Fremont citizens seeking a ban on renting to, or hiring, illegal immigrants within the city limits.

"I litigate in both Kansas and Nebraska," he says.

"Reasonable people can disagree about immigration law," Kobach suggests.

"But the Nebraska law is an incentive for illegal immigrants to remain unlawfully in the state.

"It's a direct subsidy for breaking federal law."

http://journalstar.com

They keep making the argument that they are not responsible for having been brought here as children by their parents now though they are adults so as adults it is now their responsibility and their responsibility is to leave.

Originally Posted by Richard

They keep making the argument that they are not responsible for having been brought here as children by their parents now though they are adults so as adults it is now their responsibility and their responsibility is to leave.

Absolutely! That's 3 x we agree, Richard! Pretty soon I'll be losing count!

You are absolutely right on the money. Now that they're adults, it is their responsibility to leave.

Added to homepage
http://www.alipac.us/article4951.html

Schimek says supporters "don't believe the in-state tuition provision is a benefit because these students do not receive any payments from the state."

If the state aids the colleges in any way to keep costs low there is an indirect benefit. Direct or indirect a benefit is a benefit.

Originally Posted by Ratbstard

Schimek says supporters "don't believe the in-state tuition provision is a benefit because these students do not receive any payments from the state."

If the state aids the colleges in any way to keep costs low there is an indirect benefit. Direct or indirect a benefit is a benefit.

Most definitely! The benefit is the difference between the price of out of state tuition and in state tuition which is several thousand dollars a year. Really, these students should just all be deported or depart to their land of citizenship.

Depart our land, Illegal Aliens.

Originally Posted by Richard

They keep making the argument that they are not responsible for having been brought here as children by their parents now though they are adults so as adults it is now their responsibility and their responsibility is to leave.

Yes I know, have you ever meet a bigger group of adults acting like hungry crying babies?

Originally Posted by Richard

They keep making the argument that they are not responsible for having been brought here as children by their parents now though they are adults so as adults it is now their responsibility and their responsibility is to leave.

I was thinking about this more, we could make the same argument and say we had no choice being born in America, growing up here, told to get a job and work, and then being forced by a tyrannical government to pay for foreign invaders!! Using their same argument we should stop paying taxes and then demand an IRS amnesty.

Originally Posted by Bowman

Originally Posted by Richard

They keep making the argument that they are not responsible for having been brought here as children by their parents now though they are adults so as adults it is now their responsibility and their responsibility is to leave.

I was thinking about this more, we could make the same argument and say we had no choice being born in America, growing up here, told to get a job and work, and then being forced by a tyrannical government to pay for foreign invaders!! Using their same argument we should stop paying taxes and then demand an IRS amnesty.

I totally agree. Tax Revolt! Pass the FairTax now which requires repeal of the 16th Amendment within 7 years, and puts illegal aliens at a 23% wage disadvantage because they don't qualify for the FairTax Rebate which gives America Workers a 23% comparative advantage on wages up to the poverty line.

Americans for Fair Taxation, the group of grassroots citizens who developed the FairTax more than a decade ago are having an OnLine Tax Revolt in conjunction with their March on Washington!

www.OnlineTaxRevolt.com

www.fairtax.org

Here's the message from Americans for Fair Taxation about their OnLiineTax Revolt:

"Dear Friends,

"Get ready to march Online on Washington, D.C.!

"FairTax.org is launching the Online Tax Revolt: March for America that merges digital advocacy with grassroots activists who will physically travel to Washington, D.C. for a huge tax protest on April 15th.

"Today Neal Boortz unveils our Online Tax Revolt: March for America. That's right--online. It's a fantastic new technology that will allow everyone to select an avatar to march with tens of thousands of others to Washington, D.C. and add their voice to a live tax revolt protest.

"Here's how it works -you go to www.OnlineTaxRevolt.com from your own home or office and pick an avatar--a graphic representation of you. Every day from wherever you live, your avatar will be shown on a Google Earth map of the United States in a growing crowd moving toward Washington, D.C.

"We all arrive April 15th and join a massive live protest rally there. Both our avatars and a huge crowd will be nationally webcast in what could be the most powerful tax protest since Boston Harbor.

"Michael Reagan, Neal Boortz, Joe the Plumber, me (Ken Hoagland) and others leading our march on Washington. Patriots across the country will be invited to join in whether they have embraced the FairTax or not.

"We all know, after all, that the tax system is broken and fuels huge debt, dishonesty with the public and the hobbling of our economy. We all have that in common. Now we need to wake up Washington and correct the destructive habits of the political class. This is how we do it and add millions of voices who would otherwise not be able to travel to the national capitol on April 15th.

"Tell your Tea Party friends, tell your local candidates, tell your FairTax friends that this is their march on Washington. Everyone can form a team or join one that is already formed, and everyone can now come to Washington to wake up the political insiders who are sending our nation down a path of almost certain ruin. Do your local candidates for Congress want to prove that they are "of the people"? Here's how. It starts with our unanimous rejection of the tax system that we all agree is badly broken and corrupted.

"Now you can add your voice to the national chorus of Americans demanding responsibility and common sense from Washington. Veterans, Tea Party activists, the homebound and all those who are too busy raising kids and earning a living to come to Washington, D.C. can join a historic march. Our nation was born in a tax revolt and our nation can now be saved in a tax revolt.

"Pick your avatar today and begin your journey to Washington, D.C. Spread the word to your friends, you will meet them in Washington, no matter where they live-this is how we bring together the many American voices who understand that it falls to us to take back our country! Take a giant step today toward a better future by going right now to: www.OnlineTaxRevolt.com


"Yours sincerely,

"Ken"

____________________________________

Former Sen Schimek has long been an embarrassment to Nebraska citizens who oppose illegal immigration going so far as to calling us "the noisy people" in the local media.

She was part of an immigration panel on a biased rural poll done by the Latino Offices at University of Omaha - the questions by the audience were censored, the panel was filled with only pro illegal immigrant individuals. And when a LEGAL Immigrant/citizen challenged one of the questions he was immediately shutdown and police escorted out and that's when I also challenged them and I was police escorted out as well.

It is not too late to take action on LB1001 - The Education Committee has not yet voted to KILL the bill so if we can get enough people to call or email them we may be able to force the bill out of committee and advance it to the floor for a full debate and vote:

CALL or email ALL of the committee members: "Advance LB1001 out of Committee" (that's all you need to say)

gadams@leg.ne.gov 402-471-2756
ghoward@leg.ne.gov 402-471-2723
bashford@leg.ne.gov 402-471-2622
acornett@leg.ne.gov 402-471-2615
ksullivan@leg.ne.gov 402-471-2631
bavery@leg.ne.gov 402-471-2633
khaar@leg.ne.gov 402-471-2673
bgiese@leg.ne.gov 402-471-2716

Please do what you can to help us. Thanks for everything you do.