Louisiana law states it is unlawful for an undocumented immigrant to enter or reenter the state of Louisiana. This law allows Louisiana police to arrest undocumented immigrants.
Regardless of legal status, this is an unsettling time for immigrants. The rules governing immigration are continually changing on a Federal level, and this impacts State rights as well. There are also new limits on long-term US residents. Knowing your legal rights, whether you are a lawful permanent resident or a US citizen, is essential. Remember, police officers are not obligated to be truthful.
What to do when you come in contact with law enforcement
When you contact law enforcement, whether the police, a sheriff, or ICE, you must tell them your name if they ask. Otherwise, you have the right to remain silent. If you are operating a vehicle, you must provide your license, registration, and proof of insurance on request.
You are not required to tell most officers where you were born or how you entered the US. There are exceptions. If you are on a nonimmigrant visa, an immigration officer can ask you for information on your status. If an immigration officer requests your papers and you have them with you, you do have to present them.
You do not have to consent to a search
You do not have to permit an officer to search you or your vehicle. Officers must obtain a warrant or have PC, or probable cause, to search someone. Probable cause exists if an officer reasonably believes a crime has been or is about to be committed. Officers can search you if you are lawfully under arrest.
Know your rights
In criminal cases, you have the right to remain silent and the right to an attorney, even if they cannot afford one. This right only applies to criminal charges. If you face an immigration issue or if you are facing deportation, you are not entitled to an attorney. Officers are required to give you these rights upon your arrest.
Complications for immigrants if convicted
If you are in the US illegally and convicted of a crime, you may be deported. Louisiana law authorizes local law enforcement agencies that have arrested immigrants to exchange information with ICE and other federal agencies and cooperate with immigration officials.
Keep in mind the laws and interpretations are continually changing. As rulings come down from different courts and jurisdictions, these rules are apt to change.
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