Sporting comes back to tie Minnesota on the road

Captain Johnny Russell came off the bench to score a second-half equalizer as Sporting Kansas City (5-11-5, 20 points) earned a spirited road result for the second straight game by drawing rivals Minnesota United FC (8-8-4, 28 points) 1-1 on Wednesday night at Allianz Field in Saint Paul, Minnesota.

Minnesota was fortunate to take a 1-0 halftime lead on a 43rd-minute Sporting own goal, but manager Peter Vermes’ men responded and claimed a point behind Russell’s 63rd-minute strike and his team-leading eighth goal of the year in all competitions.

On the defensive side, 21-year-old goalkeeper John Pulskamp totaled four saves—including two stunning stops in the final moments—in his first MLS appearance of the 2022 campaign.

Sporting has now taken seven points from its last four road matches and own a 4-0-1 record in midweek contests this season, including three victories in the club’s run to the Lamar Hunt U.S. Open Cup semifinals.

Vermes fielded a history-making lineup for the Rivalry Week encounter as Sporting Kansas City started five homegrown players for the first time — Pulskamp, right back Kayden Pierre, midfielder Felipe Hernandez and attacking duo Cam Duke and Daniel Salloi. Defenders Andreu Fontas, Nicolas Isimat-Mirin and Logan Ndenbe rounded out the backline, Uri Rosell and Remi Walter joined Hernandez in the center of the pitch and Marinos Tzionis manned the left wing as one of five changes from Saturday’s 2-1 road win at CF Montreal.

Veteran goalkeeper Tim Melia was notably sidelined with a shoulder injury—missing his first MLS match since last October—and captain Russell was available off the bench as Sporting played its second of three straight road games in the space of nine days.

With an average age of 25.1, the starting XI was Kansas City’s youngest for an MLS fixture since 2015 and the third youngest lineup for an MLS match in club history.

Salloi was inches away from vaulting the visitors ahead in the seventh minute, punctuating an intricate attacking move through the central channel by settling Walter’s square pass near the top of the box and dragging a low shot marginally wide of the left post. The 25-year-old forward asked further questions of the Minnesota defense three minutes later, thieving the ball from Robin Lod and forcing Loons goalkeeper Dayne St. Clair into a diving save with a dipping, long-range sledgehammer.

Minnesota responded by carving out its first chance at the 20-minute mark, talismanic playmaker Emanuel Reynoso spreading the ball wide left to Franco Fragapane for a cross that Bongokuhle Hlongwane poked well over the woodwork from 14 yards.

Not to be outdone, Sporting showcased more sizzling movement of its own near the half-hour juncture. Tzionis patiently held the ball up on the edge of the box before feeding Salloi, who pinged a clever one-touch pass into the path of Duke on the right side of the penalty area, but St. Clair advanced off his line to cut off the angle for a feasible shot and extinguish the threat.

An entertaining battle continued to unfold in end-to-end fashion, with Lod belting a first-time strike high off Reynoso’s corner kick in the 32nd minute. Not long later on the opposite side of the pitch, Tzionis’ searching cross eluded a pair of Minnesota defenders and fell to Duke, whose lunging effort skipped wide of St. Clair’s right-hand post.

Sporting was victimized by a case of bitter misfortune two minutes before intermission, falling behind 1-0. Minnesota defender Kemar Lawrence’s sliding pullback pass skipped across the face of goal, caroming off Fontas and Pulskamp and trickling over the goal line to give the Loons a fortuitous goal and a halftime edge. The own goal was Sporting’s first since Aug. 21, 2020, when Vermes’ men emerged 2-1 victors over Minnesota at Allianz Field.

The Loons nearly doubled their cushion on another Sporting own goal seven minutes after the restart as Reynoso’s low, driven cross was poked goalward by Pierre, but Pulskamp made a crucial block and the visitors were spared their blushes. Seconds later, the ball was recycled from right to left and Loons striker Luis Amarilla snapped a header inches over the target.

Just as Russell entered the action as Sporting’s first substitute, Salloi offered a 57th-minute counterpunch by slipping past a defender and uncorking a 30-yard piledriver that screamed narrowly high. Tzionis was next to try his luck, cutting the ball onto his patented right boot and prompting St. Clair into a leaping save with a 25-yard laser.

Sporting found a deserved leveler in the 63rd minute as Minnesota went its 14th straight match without a shutout in all competitions.

Half a dozen minutes after his introduction, Russell embarked on a galloping run down the right side before combining neatly with Pierre, maneuvering past his marker and sending a side-footed shot past St. Clair for his sixth goal of the regular season. Russell now has 51 goals in his Sporting career, fourth most in club history, and his 77 combined goals (46) and assists (31) in the regular season are third most in MLS since 2018. The 19-year-old Pierre, meanwhile, recorded his first career MLS assist on the play.

The Loons thought they had recaptured their one-goal advantage in the 66th minute when Fragapane fed Amarilla for a simple finish on the doorstep, but the offside flag was raised on Fragapane in the buildup.

In a swashbuckling finale to the contest, Pulskamp produced two phenomenal saves in the space of 30 seconds. He dropped left to cast aside an Amarilla header, then reacted brilliantly by palming the ball over the ball after a near-post corner kick was glanced goalward by Lod.

Then in the 88th minute, Russell left multiple defenders in his wake by darting into the attacking third and firing low from the top of the penalty area. St. Clair was equal to the task, then gathered his footing to swat away a would-be rebound attempt from Salloi to keep the game all square at 1-1.

Sporting will look to complete an unbeaten three-game road swing on Sunday when the club visits another Western Conference rival in Real Salt Lake (8-6-6, 30 points) at Rio Tinto Stadium. Kickoff is slated for 8:30 p.m. with live coverage on 38 The Spot, the Sporting KC app and SportingKC.com.

  • Story from Sporting KC

More scenes from the Wyandotte County Fair

4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)

Thursday at the fair

Thursday will be Latino Night at the Wyandotte County Fair.

Featured entertainment on Thursday on the fair’s Main Stage, produced by Alfredo Torres, will include:
5:15 p.m. to 7 p.m., D.J. Franko;
7 p.m. to 8 p.m., Los Jefes Reales;
8:30 p.m. to 9:30 p.m., Selekto Show;
And 9:45 p.m. to 10:45 p.m., Los Garcia De Guerrero.

Also scheduled Thursday night is a 4-H round robin show at 7 p.m.

Admission to the fair is $5 per person, with ages 12 and under free. Parking costs $5 per vehicle. The Wyandotte County Fair is located at 13700 Polfer Road, Kansas City, Kansas.

The fair will be open from 5 p.m. to 11 p.m. Thursday night, with the carnival open from 6 p.m. to 10 p.m.

Wristbands for the carnival, to ride on all the rides, will cost $30 each. Individual ride tickets are $1 each, and there are a varying number of tickets required for each ride.

The fair’s sponsors on Thursday will be Dos Mundos; KDTD-1340 radio; and KYYS-1250 radio.

Tonight’s forecast from the National Weather Service calls for clear skies during the hours the fair is open, with a high of 96, dropping to 90 at 8 p.m.

For more information about the fair, visit https://www.wycofair.com/fair2022.

4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)
4-H members participated in pole, flag and barrel events on Wednesday at the Wyandotte County Fairgrounds, 13700 Polfer Road, Kansas City, Kansas. The fair continues Thursday night, Friday night and Saturday at the fairgrounds. (Photo copyright 2022 by Steve Rupert)

Federal court rules immigration law violates First Amendment, in a win for Kansas workers

Two employees of a Lawrence, Kansas, business were convicted of conspiring to “encourage or induce” undocumented immigrants to reside in the U.S. But the 10th U.S. Circuit Court of Appeals found that the federal statute “criminalizes a substantial amount of constitutionally protected speech.”

by Dan Margolies, KCUR and Kansas News Service

A federal appeals court has found unconstitutional a statute making it a crime to encourage or induce a noncitizen to reside in the United States.

In a 2-1 decision on Wednesday, the 10th U.S. Circuit Court of Appeals upheld a lower court ruling finding the statute to be overbroad under the First Amendment.

The appeals court decision, written by Judge Nancy Moritz, found that the statute “criminalizes a substantial amount of constitutionally protected speech, creating a real danger that the statute will chill First Amendment expression.”

At least for now, the decision means that the law is not enforceable in the 10th Circuit, which covers Kansas, Oklahoma, Colorado, Utah, New Mexico and Wyoming.

Origins of the case

The case has stretched out over more than seven years. It sprung from the March 2015 indictment of a Lawrence, Kansas, drywall contractor and other defendants who were charged with money laundering, bank fraud and harboring undocumented workers.

The government claimed they were part of a scheme to convert more than $13 million in payroll checks into cash, in order to pay crews of undocumented workers installing drywall in the Kansas City metropolitan area.

Several defendants pleaded guilty in return for light sentences. But two construction crew leaders, Jose Felipe Hernandez-Calvillo and Mauro Papalotzi, chose to go to trial. A jury of 12 women found them guilty of conspiring to encourage or induce someone to unlawfully reside in the U.S.

U.S. District Judge Carlos Murguia, however, threw out their convictions after agreeing with their argument that the statute was unconstitutional on its face because it prohibited “a substantial amount” of protected speech.

In a fortuitous bit of timing, the Ninth U.S. Circuit Court of Appeals found the same statute unconstitutional around the same time. (The U.S. Supreme Court in 2020 reversed the Ninth Circuit decision on procedural grounds.)

Although decisions by the Ninth Circuit are not binding on federal judges in Kansas, Murguia said he found the Ninth Circuit’s decision persuasive.

“We had filed a pretrial motion saying that the statute was unconstitutional and vague, but since no circuit had spoken out yet, the judge denied our motion,” said Kansas City lawyer Robert Calbi, who represented Papalotzi.

“But now that the Ninth Circuit had made a decision, we had some circuit backing and we filed a motion to dismiss the indictment based on that. And the judge agreed with us and dismissed the indictment.”

The U.S. Attorney’s office, which prosecuted the case, could ask all of the judges on the 10th Circuit to rehear the matter. Alternatively, it could seek review before the U.S. Supreme Court.

A spokeswoman for the U.S. Attorney’s office in Kansas said it would have no comment.

First Amendment concerns

The statute in question is part of the Immigration and Nationality Act that was passed 70 years ago. It authorizes up to five years in prison for anyone who “encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.”

The statute tacks on another five years to the sentence if the defendant acted “for the purpose of commercial advantage or private financial gain.”

The Trump administration prosecuted numerous individuals under the law, although the defendants in this case were indicted before Trump became president.

At issue in the 10th Circuit case was whether Congress intended the terms “encourage” or “induce” to be read narrowly as criminal solicitation, or more broadly, in which case the statute would potentially criminalize protected speech under the First Amendment.

Like the Ninth Circuit, the 10th Circuit found that Congress intended the terms to be read broadly. As such, it said, the terms covered a substantial amount of protected speech.

For example, Moritz wrote, the statute would make it a crime to tell a family member who overstayed their visa, “I encourage you to reside in the United States.”

Likewise, it would make it a crime to tell a tourist that she is unlikely to face serious consequences if she overstays her tourist visa. And it would make it a crime to inform noncitizens about social services that might be available to them.

Similarly, Moritz wrote, an immigration attorney could face prosecution under the statute for providing legal advice to noncitizens.

Finally, she noted that the statute mostly prohibited conduct already made criminal by other statutes.

“We are therefore not convinced that invalidating [the statute] would deprive the government of a critical enforcement tool or leave wide swaths of criminal conduct unpunished,” Moritz wrote.

The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy.
Kansas News Service stories and photos may be republished by news media at no cost with proper attribution and a link to ksnewsservice.org.
See more at https://www.kcur.org/news/2022-07-13/federal-court-rules-immigration-law-violates-first-amendment-in-a-win-for-kansas-workers