Donald Trump and Kris Kobach: Immigration Law and Enforcement
In November 2016, Donald Trump was elected President of the United States. His four-year term as President begins in January 2017. When campaigning for the Presidency, Mr. Trump repeatedly pledged to build a wall between Mexico and the U.S. and to make Mexico pay for it; furthermore, he took a hard line on immigration, which, in essence, is to remove or deport unauthorized immigrants from the U.S.
After winning the election, any President-elect begins the process of vetting and selecting about 4,000 political appointees to fill positions in his administration and begin taking steps to lead the country and work on changing laws or policies. To assist in this process, a President-elect selects a transition team. For immigration policies, President-elect Trump chose Kris Kobach to be on his transition team. This appointment concerns many immigrants and causes them to be fearful.
Here is why: Mr. Kobach has written very strict anti-immigrant laws. In Arizona, he helped craft a state immigration law, which requires immigrants to have their legal documentation with them at all times. If an immigrant is found without his or her documentation in Arizona, Arizona authorities would perceive him or her as an undocumented immigrant and a criminal. Under that law, if police believe an individual is an immigrant, police can stop him or her and request that he or she produce their legal documentation.
Mr. Kobach also co-authored a similar Alabama state law. A provision of this law allowed police to stop immigrants on the grounds of reasonable suspicion. However, the Alabama law also differs from the Arizona law: The Alabama law prohibits undocumented immigrants from acquiring publicly-funded benefits and enrolling in public colleges and universities. In addition, the Alabama law directs public school administrators to inform the Alabama state government of any student or students the school officials believe to lack legal immigration documentation. Moreover, this law prohibits landlords and leasing offices from accepting potential tenants without legal immigration documentation.
Since Mr. Kobach is a member of Mr. Trump’s team and the author of strict anti-immigrant laws, the fear is that the President-elect’s policies may make many immigrants’ situations worse. The Arizona and Alabama laws might form the basis for new similar federal statutes. If these or similar laws are enacted, citizens and immigrants fear that police may profile and target them based on their appearance, language, or accent, or simply put, their status. Public school administrators might be ordered to snoop and report to the federal government about students, their parents, and their siblings who may not be legally in the U.S., a duty far afield from educating students. Many immigrants already distrust or fear authorities, and some people worry that if laws that are similar to ones that Mr. Kobak wrote in the past are enacted, they may find themselves and their families homeless, penniless, jobless, uneducated, or worse. Or, they may end up living in constant fear.
Dreamers who trusted the United States government have their own set of fears. They are concerned that after giving the government information about their whereabouts and their jobs, the President-elect may change course and modify or revoke their status.
Mr. Kobach’s place on the President-elect’s transition team stokes these concerns.
Until the President-elect and the new Congress act, no one knows what policies, priorities, or procedures will be put in place. So, stay vigilant and informed.
If you have questions or concerns about current and potential future immigration or other laws, talk to a lawyer. For more information, to have your questions answered, and to have your concerns addressed, contact Nashville Attorney Perry A. Craft.
