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Reuters: You've described these laws as part of a
policy of "self­-deportation." What do you mean?
Kobach: There's a false dichotomy that constantly
emerges when you see politicians talking about
immigration. They'll say you can't round up 11 million
people and enforce the law 100 percent, so amnesty is
the only rational way to move forward. But no serious
thinker would say those are the only two approaches
to a law enforcement problem. The rational solution is
to ratchet up the level of enforcement. Then illegal
aliens will self­-deport because the cost­-benefit
calculation changes.
Reuters: A study by the Center for Business &
Economic Research at the University of Alabama
found that Alabama's new immigration law will shrink
the state economy by $2.3 billion and cost the state
70,000 jobs. What do you think about the economic
impact of the new immigration laws?
Kobach: The Alabama study did not consider the huge
fiscal burden illegal immigration is placing on Alabama
taxpayers. The other factor that needs to be
considered is the benefit of removing Americans from
welfare rolls and allowing them to work. Once illegal
aliens are removed from the labor market, wages will
inevitably come up.
Reuters: What's your own immigration story?
Kobach: My great grandparents came from Norway
and Germany and settled in Wisconsin. They were
farmers for the most part. I'm a fourth­-generation
American.
Reuters: How did you become interested in
Reuters General/ ­- Article, Seg, 16 de Abril de 2012
CLIPPING INTERNACIONAL (Supreme Court)
immigration reform?
Kobach: One of the biggest epiphanies for me was the
9/11 hijackings. I was working at the Justice
Department for Attorney General John Ashcroft. All
hijackers had come into the states legally, but five of
the 19 became unlawfully present during their stays.
Four of those five were apprehended by state and
local police for traffic violations while they were in the
country illegally. In none of those cases did the state or
local officer have the information available to make an
arrest and potentially foil the 9/11 plot. That realization
was essential to my understanding of how critical
federal and state cooperation is in this area.
Reuters: What's the most influential law review article
you've written?
Kobach: In 2008, I published an article in the
Georgetown Immigration Law Review, "Reinforcing the
Rule of Law: What States Can and Should Do to
Reduce Illegal Immigration." Arizona's SB 1070
manifests many of the concepts that I prescribed in
that article.
Reuters: Has anything surprised you about how these
laws have played out?
Kobach: I didn't anticipate these state laws would
become national issues in the way they have. I also
never imaged the Justice Department would sue a
state for trying to help the federal government enforce
the law. That's never happened in American history
before.
(Reporting by Terry Baynes)
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