KANSAS CITY, Mo. — Kris Kobach sits hundreds of miles from Arizona at the University of Missouri, Kansas City. He is on hold with a radio station in Tucson and is in the middle of an interview with another in St. Louis. He has three more lined up.
In recent weeks, Kobach has been interviewed on local and national radio and television programs more than 50 times and has been contacted by legislators from around the country seeking his advice.
Kobach, 44, is an Ivy League-educated advocate for the movement to fight illegal immigration and the go-to guy for cities and states looking to pass laws against it.
He is counsel on nine ongoing cases around the country — including in Fremont, Neb. — targeting sanctuary cities and in-state tuition for illegal immigrants and defending the right of cities to prohibit landlords from renting to illegal immigrants and employers from hiring them.
In Fremont, Kobach represents leaders of a petition drive that got the proposed ordinance to a June 21 public vote. The ordinance would bar Fremont residents from hiring illegal immigrants and from renting living quarters to those who can't prove their citizenship.
Kobach's work with Fremont petitioners is paid for by the Immigration Reform Law Institute, which is the legal arm of the Federation for American Immigration Reform, a national group that aims to stop illegal immigration and restrict legal immigration.
In Arizona, Gov. Jan Brewer signed Senate Bill 1070 late last month, prompting protests, boycotts and lawsuits. The law, which Kobach helped write, will make it a state crime to lack immigration papers and require police to determine whether people they stop are in the country illegally.
President Barack Obama called it misguided and warned that it could lead to racial profiling.
Kobach said the law actually discourages racial profiling and kicks in only when someone violates another law.
“If they are running down the street with a pistol in one hand and a bag of money in the other and someone screaming, ‘Bring back my money,' then the police officer can stop them,” he said. “But just walking down the street, of course not.”
Kobach said he is motivated by a desire to “restore the rule of law” in immigration and to show that states and cities can do their part to help the federal government with enforcement.
“People act like the law can't be followed in immigration,” he said. “I take it as a challenge to show that it can.”
His opponents say that the laws Kobach writes and defends promote discrimination.
“At the end of the day, his involvement has been costly and the laws that he has supported have been divisive,” said Omar Jadwat, an attorney with the American Civil Liberties Union who has appeared opposite Kobach in courts in Pennsylvania, Texas and Missouri. “They distract and divert the resources of these towns and cities into hugely controversial and expensive sideshows that benefit only him.”
Just before 7 on a recent weeknight, Kobach pulled up to the Community Center in Lansing, Kan., in a GMC Sierra with the license plate “1787,” the year the U.S. Constitution was adopted. Inside the building, the recent college graduate running Kobach's campaign for Kansas secretary of state handed out stickers.
Kobach told a crowd gathered for the Republican town hall meeting that Arizona had long been under siege by kidnappers, drug dealers and human smugglers from other countries and that something had to be done.
When he described the gunbattle that resulted in the recent shooting of a sheriff's deputy, the audience gasped. When he talked about the state's efforts to make life miserable for illegal immigrants so they will return to their native countries, they applauded.
“It's not rocket science,” he said. “You ratchet up the level of enforcement so people leave on their own.”
After the speech, several people lined up to shake Kobach's hand. Among them was Dennis Bixby, whose 19-year-old daughter was killed in 2007 after an illegal immigrant without a driver's license ran a stop sign.
“He gets it,” Bixby said of Kobach. “He's willing to fight the fight.”
Judges often have the final say on the constitutionality of restrictive immigration laws. In California, the federal courts struck down Proposition 187, which sought to deny public education and benefits to illegal immigrants, as an attempt to usurp federal responsibility.
In Kobach's cases, the decisions have been mixed. He lost cases in Texas and Pennsylvania, where cities sought to prohibit landlords from renting to illegal immigrants. Kobach appealed, and both cases are still pending. He won a case in California, where he argued that the state could not offer discounted tuition to illegal immigrants while not offering the same to students from outside California. That case is pending in the California Supreme Court.
In Arizona, Kobach helped draft a 2007 bill that required all businesses to use an electronic employment verification system. Kobach defended the employer law and said he is confident that the new immigration law will sustain legal challenges, too. “It's built like a tank.”
Raised in Kansas, Kobach attended Harvard College and Yale Law School and earned a doctorate from Oxford University.
In 2001, just before Sept. 11, he began working under Attorney General John Ashcroft, an experience that he said made him keenly interested in the crucial link between immigration policy and national security. Before the attacks, several of the hijackers had been stopped by local police for traffic violations. “We had a missed opportunity of tragic dimensions,” Kobach said.
He helped create a registration program designed to catch potential terrorists from Middle Eastern countries. Hamid Khan, executive director of the South Asian Network in Artesia, Calif., said the registration policy created a lot of fear and resulted in the deportation of many people without terrorist links.
Kobach, an avid hunter and rower, began teaching at the University of Missouri Law School in 1996 and now teaches several classes, including constitutional law and immigration law.
Jennifer Kerr, a student in his immigration class who agrees with her professor's beliefs, said Kobach encouraged students to engage in “spirited debate” about the issue. “Some vehemently opposed him.”
The professor in the office next door, Douglas Linder, disagrees with Kobach on most everything and believes the Arizona law violates the Constitution, will result in racial profiling and threatens relations between local police officers and community members.
“In all the debates we've had, I'm not sure I've ever been successful convincing him he's wrong,” Linder said.
Kobach's wife, Heather, said she agrees with her husband's politics, but when opponents call him racist, she gets offended and feels like a “nervous wreck.”
“I think of him as a soldier,” she said. “He gets attacked all the time. He continues to do it because he believes it.”
World-Herald staff writer Cindy Gonzalez contributed to this report.
