In Kansas, collaboration between local law enforcement and federal immigration authorities is becoming increasingly common.
The Kansas Bureau of Investigation, which is overseen by Kansas Attorney General Kris Kobach, entered into what’s called a 287(g) agreement with Immigration and Customs Enforcement in February.
On Monday, Kobach said the agreement had enabled KBI agents, acting on behalf of ICE, to arrest 10 immigrants in the country illegally who appeared on state registries of sex offenders, drug offenders and violent offenders.
“I would find it hard for anyone to make a reasonable argument why these individuals who committed these crimes and were illegally in the country should be allowed to stay here,” Kobach said in an interview Tuesday on KCUR’s Up to Date.
The arrests took place during the past month in Hutchinson, Newton, Garden City and Dodge City. Of the 48,000 people listed across Kansas’ three major criminal registries, Kobach estimated the number of individuals lacking legal status to be 100 or more.
Kobach said KBI agents, unlike ICE, will not arrest noncitizens who are not involved in criminal activity. Agents will, however, make immigration arrests during drug busts in collaboration with ICE.
“Why wouldn't you make an arrest where you've got an individual who can be removed from the country and (reduce) the threat to people in Kansas?” Kobach said.
Speaking with Up To Date, Kobach also discussed his ongoing legal power struggle with Democratic Gov. Laura Kelly.
Kelly has asked Kobach to sue the Trump administration over the distribution of food benefits during the government shutdown and the release of federal funds for public health and safety programs.
But Kobach refused Kelly’s requests and challenged her authority to join multistate lawsuits on the state’s behalf. Kelly has brought a legal challenge against Kobach in the state Supreme Court, raising the question of who — the state attorney general, the governor, or both — can represent Kansas in legal claims against the federal government.
“I think she's wasting the court's time,” Kobach told KCUR’s Up To Date..
He said the cases Kelly asked him to join were standing on shaky legal ground. He also disputed her claim that she could bring lawsuits on Kansas’ behalf.
“The Kansas Supreme Court precedents going back over a 100 years make very clear that the Kansas attorney general decides what the position of the state in court is,” Kobach said.
In a press release announcing the lawsuit, Kelly said the attorney general showed partisan bias in his litigation decisions.
“While he was quick to sue the previous presidential administration, alleging he would protect Kansans from federal overreach, he has not once followed through on that claim now that the Trump Administration has repeatedly done just that,” Kelly said.
On Up to Date, Kobach dismissed that argument.
“If the Trump administration were to violate the Constitution or violate statutes, we'd happily sue,” he said.
Kobach said he has not yet decided to bring any legal challenges against the Trump administration.
Listen to Up To Date's full conversation by hitting the play button above.
- Kris Kobach, Kansas Attorney General
