Kansas Latino Caucus Demands AG Kobach Resign Amid Instate Tuition Law Fight

Context on an EPIC note recently sent to www.TonysKansasCity.com that we don't want to weigh down with commentary . . . 

"This is a letter that the Kansas Latino Caucus is sending to Kobach, by registered mail. This is in regard to him joining a federal lawsuit to repeal the State of Kansas's Instate State Tuition law."

 After the jump, we share the text of the letter in full . . . 

Kris Kobach
Attorney General of the State of Kansas

Dear Attorney General Kobach:

The members of the Kansas Latino and Hispanic Legislative Caucus respectfully, yet unequivocally, call for your immediate resignation as Attorney General of the State of Kansas.

This request is not made lightly. It is based upon our conclusion that your recent actions have demonstrated a failure to faithfully discharge the duties entrusted to your office and have placed the interests of Kansas students, educational institutions, and local communities at unnecessary risk.

Your decision to join the United States Department of Justice's efforts challenging Kansas' longstanding in-state tuition statute for certain undocumented students, together with your public efforts encouraging federal scrutiny of Kansas school districts, represents a departure from the traditional role of the Attorney General, as the State's chief legal officer. Rather than defending the interests of Kansas and its duly enacted laws, you have chosen to align the Office of the Attorney General with litigation and enforcement efforts directed against the State's own institutions.

The Office of Attorney General exists to represent the legal interest of the State of Kansas. The Attorney General's oath requires faithful execution of the laws enacted by the Legislature and the Constitution of the State of Kansas. Kansas law, including K.S.A. 76-731a, remains the law of this State unless and until it is amended by the Legislature or declared unconstitutional by a court of competent jurisdiction. By supporting federal efforts seeking to invalidate a duly enacted Kansas statute, you have acted contrary to the policy judgments of the Kansas Legislature.

The United States Supreme Court has long recognized that states possess a quasi-sovereign interest in protecting the health, welfare, and economic well-being of their residents. In Alfred L. Snapp & Son, Inc. v Puerto Rico, 458 U.S. 592 (1982), the Court acknowledged the State's role in safeguarding those interests. While that decision addresses the authority of states generally, it reflects the broader principle that state officials should act to advance-not undermine-the welfare of the people they serve.

Likewise, Congress has repeatedly recognized the importance of local control in education through the Elementary and Secondary Act, including 20 U.S.C. ss 7861, which preserves significant flexibility for local educational agencies in administering federally funded educational programs. Actions that invite federal intervention into matters traditionally governed by Kansas school districts are inconsistent with the Legislature's longstanding commitment to local educational governance.

Your actions have also created uncertainty for Kansas students and families, threatened educational stability, and exposed the State to unnecessary legal and financial consequences.

Whether one agrees or disagrees with the underlying policy regarding in-state tuition, it is the prerogative of the Kansas Legislature-not the Attorney General acting in concert with federal litigation-to determine the public policy of the State.The Attorney General is entrusted with representing all Kansans, regardless of political affiliation or national origin. That responsibility demands impartial legal judgment, fidelity to enacted law, and the protection of the State's institutional interests. We believe your recent actions have fallen short of those obligations.

Accordingly, the Kansas Latino and Hispanic Legislative Caucus has lost confidence in your ability to faithfully execute the duties of the Office of Attorney General. We therefore respectfully demand your immediate resignation.

Respectfully,

The Kansas Latino and Hispanic Legislative Caucus
Rep. Louis Ruiz, House District #31
Rep. John Alcala, House District #57
Rep. Angela Martinez, House District #103
Rep. Melissa Oropeza, House District #37
Rep. Susan Ruiz, House District #23
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