Kansas Attorney General Derek Schmidt is one of 19 state attorneys general asking the US Supreme Court to deny the Biden administration's request that would stay a lower court's ruling that prohibits the Department of Homeland Security from implementing new immigration enforcement policies. Schmidt said it is not the president's job to pick and choose which laws to enforce.

Schmidt joined the other states in filing an amicus brief in the case of Texas v. United States which centers on new guidance from DHS that halts nearly all arrests and deportations. In June, a federal district court in Texas vacated that guidance.