Kansas AG Kobach, Missouri AG Bailey join lawsuit challenging Biden immigration policy

Kansas Attorney General Kris Kobach and Missouri Attorney General Andrew Bailey have joined a Texas-led lawsuit challenging a Biden administration immigration policy in one of the first legal actions by the pair of new attorneys general who took office this month.

Democratic President Joe Biden’s administration earlier this month announced it would turn away more migrants crossing the U.S.-Mexico border, but would still allow 360,000 people a year to enter from Cuba, Haiti, Nicaragua and Venezuela. The lawsuit, brought by Texas Attorney General Ken Paxton and 19 other states on Tuesday, calls the policy arbitrary and accuses the administration of overstepping its authority.

“The Biden administration is once again shattering federal law in its effort to open our borders to as many illegal aliens as possible,” Kobach, a Republican, said in a statement. “The executive branch does not have the authority to redefine what immigration parole means. Kansas will stand firm against such illegal actions.”

The Department of Homeland Security did not immediately respond to a request seeking comment on the lawsuit late Tuesday.

Kobach, a former Kansas secretary of state who won election in November and took office in January, promised during his campaign that Kansas would stand shoulder-to-shoulder with Texas in challenging Biden. While Kobach signed on to the Texas lawsuit, he has so far not led on any new litigation. Kobach has indicated he may sue over endangered species protections for the lesser prairie chicken, however.

Bailey, a Republican who was appointed by Gov. Mike Parson, took office in early January after Eric Schmitt resigned to join the U.S. Senate. Bailey signed on to the lawsuit the day after formally announcing he plans to run for a full, four-year term in 2024.

“I’m a constitutional conservative from rural Missouri, who fights for Missourians every day as Attorney General,” Bailey said in a campaign statement.

Bailey may face a primary challenge. Will Scharf, a former federal prosecutor who had worked in former Gov. Eric Greitens’ administration, has been raising money for a statewide campaign but hasn’t said what office he will pursue.

The Associated Press contributed reporting