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When it comes to demonstrators shoving their way past a makeshift barrier outside the U.S. Capitol, the Biden Administration is determined to bring the maximum legal force possible against its perceived enemies. But at the far more important Mexican border, the Biden Administration has decided that no law exists at all.

Under Biden and Homeland Security Secretary Alejandro Mayorkas, ICE agents have been barred from deporting or even detaining illegal immigrants in the U.S. without explicit permission from senior leadership, unless an illegal immigrant has been convicted of certain “aggravated felonies,” is a suspected terrorist, or meets a tiny set of other possible requirements.

Earlier this month, a coalition of local sheriffs, Texas counties, and federal ICE officers teamed up to sue the Biden Administration for its willful enactment of de facto open borders. And the lawsuit is led by a familiar face to American patriots: Former Kansas Secretary of State Kris Kobach. Kobach is participating as general counsel for the Alliance for Free Citizens, a new non-profit group focused on litigation and state-level action as a means to achieve policy goals that put the interests of Americans first.

Revolver spoke with Kobach about his lawsuit, U.S. immigration policy, and the political future of the Republican Party.

According to your lawsuit, ICE deportations are just one-third of what they were a year ago. Tell us more about the impact that’s having at the local level.

The impact of the Biden Administration ordering ICE to stand down has been dramatic.  Sheriffs offices can no longer expect ICE to pick up and deport dangerous criminals that have been arrested for the commission of local crimes.  Even worse, illegal aliens who have been convicted of serious crimes and are completing their prison sentences are no longer being deported, as they had been prior to Biden taking office.  As a result, hundreds, if not thousands, of illegal alien criminals are being released onto the streets.

In your press release for the lawsuit, you say that even child rapists and drug dealers are being kept in the United States thanks to President Biden’s non-enforcement policy. Can you tell us about one or two of the most flagrant cases?

In one case, an illegal alien who was previously deported two times had returned to the United States.  Local police initiated an arrest of the alien for the sale of heroin.  The alien attempted to evade arrest by ramming the police car with his vehicle, nearly hitting an officer who was standing outside of the police car.  The alien was eventually arrested and found to have a quarter of a pound of heroin in his possession, as well as a female and a baby in the back seat of his vehicle.  He faces pending local charges of distribution of heroin, aggravated assault, endangerment of a child, and failure to stop at the command of police.  ICE officers requested preapproval to place a detainer on the illegal alien, in order to detain him when he is released from local custody.  ICE management denied the preapproval request.  Under the new Biden policy, dangerous illegal aliens like him are not detained or deported, even though federal law requires ICE to detain and deport them.

President Biden’s open-borders approach is so extreme that we’re on pace to have 8 million illegal immigrants cross the border in just 4 years. Even if a sane government is brought back in 2024, can it ever hope to undo the damage? What sort of plans need to be made right now to ensure maximum effectiveness for the next GOP administration?

The most important thing that can happen right now is for this lawsuit to succeed, so that ICE officers can be allowed to do their work again.  That would enable ICE to make a dent in this onslaught of illegal immigration.  We also need state and local authorities in Texas and Arizona to step up and do what they can.  When it comes to the next Republican administration, GOP voters in 2024 need to demand that their candidate will oppose any amnesty, will finish building the wall, and will keep asylum applicants in Mexico as President Trump did.

Besides immigration, your new group is heavily focused on election integrity issues as well. Do you worry that too much focus has been placed on the possibility of rigged voting machines, manufactured ballots, et al. rather than threats like mass ballot harvesting and mail voting? What is the most important change Republican states can make to avoid a repeat of the 2020 fiasco?

As Kansas Secretary of State from 2011 to 2019, I drafted and implemented the toughest election security laws in the country. Other states need to adopt them. Our model statutes at include the Kansas election laws, as well as other security measures.  Probably the most important reform that would have stopped the 2020 fiasco is requiring a signature match for all incoming absentee ballots before it can be counted.  That would have stopped the vast majority of the fraud.

You’re running for Kansas attorney general. What are the best and most pragmatic actions Republican AGs and governors can take to protect their people from national and big city Democratic policies?

At a time like this, the country needs attorneys general who are unafraid to sue the Biden Administration when it violates the law or the Constitution.  Right now, Ken Paxton of Texas is leading the charge, bringing multiple lawsuits against the Biden Administration.  But he can’t carry the load alone.  If I am elected Kansas Attorney General, Kansas will stand alongside Texas in bringing multiple lawsuits to stop the lawlessness of the Biden Administration.

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