TOPEKA – (January 25, 2023) – Kansas Attorney General Kris Kobach and 24 other state attorneys general filed an amicus brief today in support of a federal criminal prohibition on encouraging or inducing illegal immigration into the United States.
In a brief filed with the U.S. Supreme Court, the 25 attorneys general ask the court to overturn a Ninth Circuit Court of Appeals decision striking down a federal law that makes it illegal for a person to encourage or induce non-citizens to unlawfully enter or reside in the United States.
“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.
Relying on the “overbreadth doctrine,” which allows a federal court to strike down a statute if it would violate the First Amendment in a substantial number of other cases, the Ninth Circuit struck down a federal law preventing people from encouraging illegal immigration. But the panel’s strained analysis that greatly expands this doctrine’s reach, invading the separation of powers between the federal government and the states.
“More than ever, illegal immigration imposes tremendous economic, social, and fiscal burdens on the states. The decision below, if left undisturbed, will impede the enforcement of criminal immigration laws nationwide, leading to significant adverse consequences for the [states],” the brief reads.
In doing so, the Ninth Circuit’s decisions undermines the states’ ability to enforce its own criminal laws against encouraging or inducing unlawful conduct. In Kansas, such laws include soliciting someone to commit a felony or assist in committing a felony, encouraging or inducing a minor to use alcohol, and contributing to a child’s misconduct or deprivation.
If the Ninth Circuit’s expansive application of the overbreadth doctrine stands, important state criminal laws will be vulnerable to broad constitutional challenges. This undermines the states’ constitutional power to create and enforce a criminal code.
“Allowing the Ninth Circuit’s decision to stand threatens widespread uncertainty in the states’ ability to enforce their criminal laws that use these terms,” the brief states.
To avoid this, Kobach and the coalition argue that overbreadth claims should require a showing more than a hypothetical danger of chilling protected speech and that the charged crime is overbroad.
Kobach joined Montana Attorney General Austin Knudsen, who authored the brief, and attorneys general from Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. A copy of the brief is available at https://bit.ly/3H820ku.
STATE
Two subjects arrested and fentanyl seized in Pittsburg
CRAWFORD COUNTY – The Joint Fentanyl Impact Team (JFIT), made up of the Kansas Bureau of Investigation (KBI), the Kansas Highway Patrol (KHP), and Homeland Security Investigations, along with the Crawford County Sheriff’s Office, Pittsburg Police Department,... [More]
UPDATE: Investigation of letters with suspicious white powder
UPDATE: Investigation of letters with suspicious white powder ... [More]
SPECIAL: Search continues for missing Parsons man
UPDATE: Body of missing Parsons man located and two arrested NEOSHO COUNTY _ The Kansas Bureau of Investigation (KBI), the Labette County Sheriff’s Office, and the Neosho County Sheriff’s Office located the body of missing 23-year-old Dakota A.... [More]
More State
- SPECIAL: Kansas Housing Resources Corporation Launches Statewide Art Contest
- Several subjects arrested after search warrant in Independence
- Death investigation in Galena
- Governor Kelly announces qualifying families can now apply for $1000 per student for Learning Recovery
- SILVER ALERT CANCELED: Missing Anthony woman located safe
- KDA announces Specialty Crop Grant Opportunity
- Treasurer Steven Johnson marks National Unclaimed Property Day
- Governor Kelly announces January total tax collections exceed estimate by $56.2 million
NEWS
Early Dismissals
Due to the threat of severe weather this afternoon, all three districts have opted to dismiss school at 1 p.m. in an effort to get students safely home before the storms hit our area. If you have concerns, or need more information, please contact your child's school.
SPECIAL: Youthfront application not a Public Hearing
NOTICE: Case #: US-KS107-LU-2025-7, Youthfront Camp DBA Kansas City Youth for Christ is not being heard under a Public Hearing. That has already occurred; the commissioners are discussing the application in their meeting Monday, April 20.
We want your photos…
Would you like to see one of your photos in the paper? We’re starting a new weekly photo submission opportunity! Out on the gravel will feature a local photo each week in our paper taken somewhere in Linn County; a photo of something that interested someone enough to... [More]
More News
- 1st Annual Richard Henderson Memorial Car Show Saturday
- Parker City Council discusses storm water issue
- USD 344 accepts principal resignation
- Commissioners approve Purple Heart Day proclamation
- Linn Valley City Council discusses water, sewer townhall
- Pleasanton approves water plant roof bidding, backup water supply study
- Commissioners reviewing resolution on vicious dogs
- Southeast Kansas Mental Health Center takes steps to preserve local behavioral health services
COMMUNITY
Senior’s three‑year project becomes massive Blu-Jay centerpiece
When students walk into the school now, the first thing they see is a towering Blu‑Jay sculpture; bold, bright and impossible to ignore. What most don’t realize is that it began as a simple sophomore‑year art assignment back in 2023. For senior Gage McGinnis, it became... [More]
Community fundraiser to support Honor Flight trip for local veteran
MOUND CITY — April 25, 2026 4-6pm The community is invited to come together on Saturday, April 25 for a special evening of music, fellowship and giving in support of a local veteran’s upcoming Honor Flight trip. Clay Nichols has been selected to participate... [More]
A blink into the past: April 15 edition
There’s history all around us that we forget about until it’s too late. This may be a small county but there’s history in it all. Here’s your blink into the past. 1986- Baker’s food: ● 99 cents for chips ● 99 cents for four rolls of toilet... [More]
More Community
- Conley earns Radenburg Scholarship
- Ray Scholarship recipients determined by USD 344 BOE
- PES holds Battle of the Books competition
- Easter in Linn County
- The American Revolution: The importance of the Boston Massacre and the Boston Tea Party
- Chapter CV P.E.O.
- Busy Workers excel at 4-H Presentation Day
- First Aid: your safety toolkit

