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Kobach was born in Madison, Wisconsin on March 26, 1966 and his family moved to Topeka, Kansas when he was 7. His father owned a Buick dealership, where he worked while in high school. In 1984, Kobach graduated from Washburn Rural High School in Topeka, Kansas, where he was co-valedictorian, and class president.

He earned his Bachelor of Arts degree in Government from Harvard University, graduating summa cum laude and first in his department. The director of Harvard's Center for International Affairs, Professor Samuel P. Huntington, was Kobach's faculty advisor from 1984 to 1988. Huntington believed that migration, especially from Mexico and Latin America, represented the most perilous threat to what he called the "American identity." When Kobach taught law at the University of Missouri-Kansas City, Huntington's writings were required reading in the course.

From Harvard, Kobach went on to earn an M.A. and D.Phil. in Politics at the University of Oxford, attending having been granted a Marshall Scholarship. Returning to the U.S., he earned a J.D. from Yale Law School in 1995 and became an editor of the Yale Law Journal. During this time, Kobach published two books: The Referendum: Direct Democracy in Switzerland (Dartmouth, 1994), and Political Capital: The Motives, Tactics, and Goals of Politicized Businesses in South Africa (University Press of America, 1990).

From 1995 to 1996, Kobach clerked for Judge Deanell R. Tacha of the Tenth Circuit Court of Appeals in Lawrence, Kansas. He began his professorship at the University of Missouri-Kansas City (UMKC) shortly thereafter.

In 2001, President George W. Bush awarded him a White House Fellowship to work for Attorney General John Ashcroft. At the end of the fellowship, he stayed on as Counsel to the Attorney General. Shortly after the attacks of September 11, 2001, he led a team of attorneys and researchers who formulated and established the National Security Entry-Exit Registration System. In addition, he took part in work to reshape the Board of Immigration Appeals in 2002. After his government service ended, he returned to UMKC to teach law until he was elected Kansas Secretary of State.

Kobach has litigated numerous lawsuits defending cities and states that adopt laws to discourage illegal immigration. He served as lead lawyer defending the city of Valley Park, Missouri in a federal case concerning an ordinance that requires businesses to use a federal worker verification program known as E-Verify in order to maintain a business license. The ordinance was upheld by Missouri federal judge E. Richard Webber on January 31, 2008 (Gray v. Valley Park, 2008 U.S. Dist. LEXIS 7238).[31][38] The American Civil Liberties Union (ACLU), representing the plaintiff, appealed the case to the Eighth Circuit Court of Appeals. Kobach prevailed on appeal, and the Court allowed the Valley Park ordinance to stand (Gray v. Valley Park, 567 F.3d 976 (8th Cir. 2009)), saying that the ordinance "addresses the employment of illegal aliens, not Hispanics."