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Kris Kobach and the Anti-Immigrationists Loses Another One

by Charles H. Kuck

In his unending quest to turn America into an anti-immigrant nation, preying on peoples' fears and turning neighbor against neighbor, Kris Kobach has lost another of his crusades. In Lozano v. Hazelton, the 3rd Circuit Court of Appeals has affirmed the decision of the District Court Judge and rejected Kobach's argument that states and localities have the ability to regulate immigration in any way, shape, or form.

While this is a significant victory for the constitution and for sane people everywhere, it is not the end of the story. The news media is parroting a press release put out by the Federation Against Immigration Reform ("FAIR") claiming this decision "obstructs local efforts to control immigration." Of course it does! Hallelujah! Do we really want every state and locality in America passing its own immigration laws? Really? Do we really need 50 different state laws and innumerable city and county laws all dealing with immigration and immigrants in a different way? Well, FAIR does, along with its loudly barking but apparently toothless watchdog, Kris Kobach. Let's hope that state and local politicians tire of spending taxpayer money defending themselves in federal court in lawsuits they cannot win.

This decision clearly establishes that the Federal Courts will continue to shot down legislation that infringes on the Federal Government's exclusive control of immigration related laws. Following the decision of the District Court in Arizona, which was another defeat for Kobach and his crusaders, the 3rd Circuit's decision also sends an indirect message to the politicians who would rather demagogue the immigration issue rather than demand that their federal legislators actually fix our broken immigration system. Perhaps now, we can move forward toward immigration reform? Don't hold your breath, there is surely more demagoguery on the way.

About The Author

Charles H. Kuck is the Managing Partner of Kuck Immigration Partners LLC-The Immigration Law Firm, and oversees its nationwide immigration practice. His practice focuses on U.S. Immigration and Nationality Law and international migration matters. Mr. Kuck assists employers and employees with business and professional visas, labor certifications, immigrant visas, consular representation, and citizenship matters. Mr. Kuck also maintains an active Federal Court practice focusing on immigration issues.

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