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

thumb

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

thumb

UPDATE: Investigation of letters with suspicious white powder                                                 ... [More]

SPECIAL: Search continues for missing Parsons man

thumb

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

NEWS

Galloping Through History: Fort Scott Welcomes Army Horsemen

thumb

    Fort Scott, Kan. – Saturday, August 29, 2026, Fort Scott National Historic Site will host the Commanding General’s Mounted Color Guard (CGMCG) from Fort Riley, with activities from 9 a.m. to 2 p.m. Visitors of all ages are invited to witness living... [More]

Commissioners review budget

thumb

During the Aug. 24 meeting, the Linn County Commissioners discussed and reviewed several departmental or agency budgets; as well as, the proposed overall county budget. First, the commissioners heard a brief presentation from Jake Berglund, chairperson for the Linn County NRCS... [More]

Pleasanton Council approves $30,000 water system tie-in material & labor

thumb

Lake closed to boats for time being   Calling a special meeting Wednesday, Aug. 19, the Pleasanton Council approved up to $30,000 for time and materials to connect ordered new pumps to piping that will bring water from East Lake to the water plant. Water Superintendent... [More]

More News

COMMUNITY

John and Helen Barnes Community Fund grant awards announced

thumb

John and Helen Barnes were long-term Linn County community members that supported the growth and well-being of Linn County and its members. Their estate provided for the distribution of annual monies from the John and Helen Barnes Community Fund (JHBCF) to non-profit organizations... [More]

Sources of Strength brings hope, help and strength to JLHS students this year

thumb

Editor’s Note: In an effort to provide more information on Sources of Strength, we’ve added comments and clarifications to instill further understanding of the program. Sources of Strength (S.O.S.) is a best practice, strength-based, upstream suicide prevention... [More]

America 250: The American Revolution The Founding Fathers

thumb

The Founding Fathers were important in the creation of our nation. They helped contribute to founding documents such as The Declaration of Independence, Constitution, and Articles of Confederation. They also contributed to many boycotts, like the Boston Tea Party. They were also... [More]

More Community

PLEASANTON WEATHER
View Legals for Free