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Regular Session, 2011
HOUSE BILL NO. 411
BY REPRESENTATIVE WOOTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALIENS/ILLEGAL: Creates the Louisiana Citizen Protection Act
AN ACT1
To amend and reenact R.S. 23:991, 992, 992.2, 995, and 996(A) and (B) and to enact2
Division 6 of Subpart A of Part VI of Chapter 1 of Title 14 of the Louisiana Revised3
Statutes of 1950, to be comprised of R.S. 14:100.21 through 100.24, R.S. 14:126.5,4
R.S. 23:991.1 and 992.3, R.S. 33:227 and 228, and Part XI of Chapter 3 of Title 465
of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 46:460.31,6
relative to illegal aliens; to prohibit unlawfully harboring, concealing, transporting,7
or sheltering an alien; to provide with respect to unlawful solicitation for8
employment; to provide with respect to alien registration documents; to require9
employment verification through the federal E-Verify system; to prohibit public10
employers from contracting with certain persons; to create an immigration11
enforcement trust fund; to provide with respect to public assistance fraud; to provide12
for verification of citizenship; to provide for definitions; to provide for penalties; to13
provide for affirmative defenses; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. Division 6 of Subpart A of Part VI of Chapter 1 of Title 14 of the16
Louisiana Revised Statutes of 1950, comprised of R.S. 14:100.21 through 100.24, and R.S.17
14:126.5 are hereby enacted to read as follows:18 HLS 11RS-126 ENGROSSED
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6. IMMIGRATION AND ALIENS1
§100.21. Unlawful harboring, concealing, or sheltering of an alien2
A. It shall be unlawful for any person to harbor, conceal, or shelter from3
detection any alien in any place within the state of Louisiana, including any building,4
when the offender has knowledge of the fact that the alien has entered or remained5
in the United States in violation of law and if either of the following occur:6
(1) The offender has the intent of assisting the alien in eluding a federal,7
state, or local law enforcement agency or the United States Citizenship and8
Immigration Services Bureau.9
(2) The offender has the intent of assisting the alien in avoiding or escaping10
arrest, trial, conviction, or punishment.11
B. For the purposes of this Section, "alien" has the same meaning as defined12
in the Immigration and Nationality Act, 8 U.S.C. 1101(a)(3).13
C. Nothing in this Section shall be construed so as to prohibit or restrict the14
provision of any state or local public benefit described in 8 U.S.C. 1621(b) or15
regulated public health services provided by a private charity using private funds.16
D.(1) Whoever commits the crime of unlawfully harboring, concealing, or17
sheltering an alien on a first conviction shall be fined not more than one thousand18
dollars, or imprisoned for not more than six months, or both.19
(2) Whoever commits the crime of unlawfully harboring, concealing, or20
sheltering an alien on a second or subsequent conviction shall be fined not more than21
two thousand dollars, or imprisoned for not more than one year, or both.22
E. The following shall be affirmative defenses to prosecution pursuant to this23
Section:24
(1) The person was providing humanitarian aid as a designated25
representative of a nonprofit organization which is tax exempt pursuant to Section26
501(c)(3) of the Internal Revenue Code.27
(2) The person was the attorney or his designee, or such other persons28
authorized to represent clients in immigration matters pursuant to 8 CFR §1292.1,29 HLS 11RS-126 ENGROSSED
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or their designee, and who was assisting the alien and providing representation to the1
alien in the course and scope of the attorney's or other authorized representative's2
employment.3
§100.22. Unlawful transportation of an alien4
A. It shall be unlawful for any person to transport, move, or attempt to5
transport in the state of Louisiana any alien, knowing or in reckless disregard of the6
fact that the alien has entered or remained in the United States in violation of law,7
in furtherance of the illegal presence of the alien in the United States.8
B. For the purposes of this Section, "alien" has the same meaning as defined9
in the Immigration and Nationality Act, 8 U.S.C. 1101(a)(3).10
C. Nothing in this Section shall be construed so as to prohibit or restrict the11
provision of any state or local public benefit described in 8 U.S.C. 1621(b) or12
regulated public health services provided by a private charity using private funds.13
D.(1) Whoever commits the crime of unlawfully transporting an alien on a14
first conviction shall be fined not more than one thousand dollars, or imprisoned for15
not more than six months, or both.16
(2) Whoever commits the crime of unlawfully transporting an alien on a17
second or subsequent conviction shall be fined not more than two thousand dollars,18
or imprisoned with or without hard labor for not more than one year, or both.19
E. The following shall be affirmative defenses to prosecution pursuant to this20
Section:21
(1) The person was providing humanitarian aid as a designated22
representative of a nonprofit organization which is tax exempt pursuant to Section23
501(c)(3) of the Internal Revenue Code.24
(2) The person was the attorney or his designee, or such other persons25
authorized to represent clients in immigration matters pursuant to 8 CFR §1292.1,26
or other designee, representing the alien and who was transporting the alien in the27
course and scope of the attorney's or other authorized representative's employment.28 HLS 11RS-126 ENGROSSED
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§100.23. Unlawful stopping to hire and pick up passengers for work; unlawful1
application, solicitation, or employment; definitions2
A. No occupant of a motor vehicle that is stopped on a street, roadway, or3
highway shall attempt to hire or hire and pick up passengers for work at a different4
location.5
B. No person shall enter a motor vehicle that is stopped on a street, roadway,6
or highway in order to be hired by an occupant of the motor vehicle and to be7
transported to work at a different location.8
C. No person who is unlawfully present in the United States and who is9
unauthorized to apply for work shall solicit work in a public place or perform work10
as an employee or independent contractor in this state.11
D. A law enforcement officer or agency shall not consider race, color, or12
national origin in the enforcement of this Section except to the extent permitted by13
the United States or Louisiana Constitution.14
E. In enforcement of this Section, an alien's immigration status may be15
determined by:16
(1) A law enforcement officer who is authorized by the federal government17
to verify or ascertain an alien's immigration status.18
(2) The United States Immigration and Customs Enforcement or the United19
States Customs and Border Protection pursuant to 8 U.S.C. 1373(c).20
F. Whoever commits the crime of unlawful stopping to hire and pick up21
passengers for work or unlawful application, solicitation, or employment shall be22
fined not more than five hundred dollars, or imprisoned for not more than six23
months, or both.24
G. For the purposes of this Section:25
(1) "Solicit" shall mean any verbal or nonverbal communication by a gesture26
or a nod that would indicate to a reasonable person that a person is willing to be27
employed.28 HLS 11RS-126 ENGROSSED
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(2) "Unauthorized alien" means an alien who does not have the legal right1
or authorization under federal law to work in the United States as described in 82
U.S.C. 1324(h)(3).3
§100.24. Willful failure to complete registration or carry an alien registration4
document5
A. Unless the requirement is waived by the attorney general of the United6
States, every alien or parent or legal guardian of an alien now or hereafter in the7
United States shall apply for the registration of such alien and carry such registration8
document, if he meets any of the following criteria:9
(1) Has attained the age of fourteen years.10
(2) Has not previously been registered and fingerprinted as required by the11
Alien Registration Act.12
(3) Remains in the United States for thirty days or longer.13
B. In the enforcement of this Section, an alien's immigration status may be14
determined by:15
(1) A law enforcement officer who is authorized by the federal government16
to verify or ascertain an alien's immigration status.17
(2) The United States Immigration and Customs Enforcement or the United18
States Customs and Border Protection pursuant to 8 U.S.C. 1373(c).19
C. A law enforcement officer or agency may not consider race, color, or20
national origin in the enforcement of this Section except to the extent permitted by21
the United States or Louisiana Constitution.22
D. The provisions of this Section shall not apply to any person who23
maintains authorization from the federal government to remain in the United States.24
E. Any record that relates to the immigration status of a person is admissible25
in any court without further foundation or testimony from a custodian of records if26
the record is certified as authentic by the government agency that is responsible for27
maintaining such records.28 HLS 11RS-126 ENGROSSED
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F.(1) Whoever commits the crime of willful failure to complete registration1
or carry an alien registration document shall be fined not more than one thousand2
dollars, or imprisoned for not more than six months, or both.3
(2) Whoever commits the crime of willful failure to complete registration or4
carry an alien registration document on a second or subsequent conviction shall be5
fined not more than two thousand dollars, or imprisoned with or without hard labor6
for not more than one year, or both.7
* * *8
§126.5. Failure to report fraud in obtaining public assistance9
A. Any person, including a public employee who is employed at a10
government agency that administers benefits, who knows that a person has given a11
false statement or otherwise misrepresented the material facts to obtain public12
assistance, and does not report the violation, shall be guilty of failure to report fraud13
in obtaining public assistance.14
B. Whoever commits the crime of failure to report fraud in obtaining public15
assistance shall be fined not more than five hundred dollars, or imprisoned for not16
more than six months, or both.17
Section 2. R.S. 23:991, 992, 992.2, 995, and 996(A) and (B) are hereby amended and18
reenacted and R.S. 23:991.1 and 992.3 are hereby enacted to read as follows: 19
§991. Purpose; enforcement20
The purpose of this Part is to exercise the state's police powers to regulate21
employment relations in order to protect workers within the state. The Louisiana22
Workforce Commission, in conjunction with the Louisiana State Police, the criminal23
sheriffs, and the local police departments for the various political subdivisions of this24
state shall enforce the provisions of this Part, except that R.S. 23:995 shall be25
enforced by the Louisiana Workforce Commission.26
§991.1. Definitions27
As used in this Part, unless the context clearly indicates otherwise, the28
following terms shall be defined as follows:29 HLS 11RS-126 ENGROSSED
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(1) "Private employer" means any person who has one or more employees1
and who is not a public employer.2
(2) "Public employer" and "public agency" mean any department, agency,3
or instrumentality of the state or a political subdivision of the state.4
(3) "Status verification system" means an electronic system operated by the5
federal government to verify or ascertain the citizenship or immigration status for6
authority to legally work in the United States. The status verification system shall7
be deemed to include:8
(a) The electronic verification of work authorization program of the Illegal9
Immigration Reform and Immigration Responsibility Act of 1996, Section 403(a);10
8 U.S.C. 1324(a) and operated by the United States Department of Homeland11
Security.12
(b) Any equivalent federal program designated by the United States13
Department of Homeland Security or any other federal agency authorized to verify14
the work eligibility status of newly hired employees, pursuant to the Immigration15
Reform and Control Act of 1986.16
(c) Any other independent, third-party system, permitted for use by the17
federal government, with an equal or higher degree of reliability as the programs,18
systems, or processes described in this Paragraph.19
(d) The Social Security Number Verification Service or such similar online20
verification process implemented by the United States Social Security21
Administration.22
(4) "Subcontractor" means a subcontractor, contract employee, staffing23
agency, or any contractor.24
(5) "Unauthorized alien" means an alien as defined in 8 U.S.C.25
1324(a)(h)(3).26
§992. Employment of certain aliens; contracts; prohibition; compliance assistance27
A. No person, either for himself or on behalf of another, private or public28
employer shall employ, hire, recruit, or refer, for private or public employment29 HLS 11RS-126 ENGROSSED
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within the state, an unauthorized alien or contract, subcontract, or otherwise enter1
into any contractual agreement to obtain the labor of an unauthorized alien who is2
not entitled to lawfully reside or work in the United States.3
B. Every public and private employer shall register with and utilize a status4
verification system as described in R.S. 23:991.1(3) to verify the federal employment5
authorization status of all new employees.6
C. No public employer shall enter into any contract unless the person with7
which the public employer contracts registers and participates in the status8
verification system provided for in R.S. 23:991.1. The public employer shall require9
that any bid or proposal include affirmation that the prospective contractor and any10
subcontractor participate in such a system to assist in verifying the identity and legal11
working status of all new employees.12
D. No private employer shall enter into any contract to provide products or13
services for a public agency unless the private employer registers and participates in14
the status verification system provided for in R.S. 23:991.1 to assist in verifying the15
identity and legal working status of all new employees.16
E. A public employer shall cancel any contract with a private employer if17
that private employer has not participated in the status verification system as18
required by this Part.19
F. Every contract entered into between a public agency and a private20
employer shall be deemed to include a provision that authorizes the public agency21
to cancel the contract if the private employer does not participate in the status22
verification system as required by this Part.23
G. For two years, the Louisiana Workforce Commission shall provide24
training and instructions regarding the completion of the registration process for the25
federal E-Verify system and technical advice regarding participation in any other26
status verification system provided for in R.S. 23:991.1.27 HLS 11RS-126 ENGROSSED
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H. The provisions of this Section shall be implemented and enforced without1
regard to race, religion, ethnicity, or national origin.2
* * *3
§992.2. Bar to prosecution; immunity4
No person private or public employer shall be prosecuted under pursuant to5
the provisions of this Part upon a showing that each and every person in his employ6
has he has verified the employment eligibility of an employee using a status7
verification system provided for in R.S. 23:991.1. Any private or public employer8
who relies in good faith on the status verification system to determine an employee's9
eligibility to work shall be immune from liability or suit resulting from any10
nonconfirmation of an applicant's work eligibility. provided a picture identification11
and one of the following documents of which the employer has retained a copy for12
his records:13
(1) United States birth certificate or certified birth card.14
(2) Naturalization certificate.15
(3) Certificate of citizenship.16
(4) Alien registration receipt card.17
(5) United States immigration form I-94 (with employment authorized18
stamp).19
§992.3. Investigation20
The Louisiana Workforce Commission shall accept, review, and investigate21
in a timely manner any credible complaint that a public or private employer has22
violated the provisions of this Part. The executive director shall verify the work23
authorization status of the employees using a status verification system provided for24
in R.S. 23:991.1 and notify the public or private employer of the results. The public25
or private employer shall immediately terminate an employee whose work26
authorization was not verified. After a complete investigation conducted by the27
Louisiana Workforce Commission and a finding that an employer in Louisiana has28
failed to verify the work authorization of an employee by using a status verification29 HLS 11RS-126 ENGROSSED
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system, the executive director shall notify the attorney general or district attorney in1
the parish in which the employer is domiciled of such action.2
* * *3
§995. Civil penalties4
A. No person, either for himself or on behalf of another, private or public5
employer shall employ, hire, recruit, or refer, for private or public employment6
within the state, an unauthorized alien or contract, subcontract, or otherwise enter7
into any contractual agreement to obtain the labor of an unauthorized alien who is8
not entitled to lawfully reside or work in the United States.9
* * *10
§996. Cease and desist order; injunctive relief11
A. An agency, department, board, or commission of the state or any political12
subdivision may notify the attorney general or the district attorney that the agency13
has determined, after an investigation initiated by the agency or by a private party's14
written complaint to the agency, that an employer who operates a Louisiana business15
or enterprise is knowingly employing an undocumented unauthorized alien in16
violation of this Chapter.17
B. The attorney general or district attorney in the parish in which the18
employer is domiciled or in the parish in which the violation occurred is empowered19
to issue an order to the employer engaged in the activity constituting the violation20
of the provision of this Chapter directing such employer to cease and desist from21
such activity and to discharge from employment, for cause, the undocumented22
workers unauthorized alien. Such order shall be issued in the name of the state of23
Louisiana under the official seal of the attorney general or the official seal of the24
district attorney and shall be served where the employer is domiciled in the state of25
Louisiana or the employer's registered agent in the state of Louisiana.26
* * *27 HLS 11RS-126 ENGROSSED
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Section 3. R.S. 33:227 and 228 are hereby enacted to read as follows:1
§227. Immigration Enforcement Trust Fund2
A. There is hereby established a special fund in the state treasury to be3
known as the Immigration Enforcement Trust Fund which shall consist of monies4
collected pursuant to R.S. 33:228. In addition, the legislature may make annual5
appropriations to the trust fund for the purposes set forth in R.S. 33:228 and this6
Section.7
B. All monies collected pursuant to R.S. 33:228 and this Section shall be8
forwarded to the state treasurer upon receipt. After deposit in the Bond Security and9
Redemption Fund as required by Article VII, Section 9(B) of the Constitution of10
Louisiana, all amounts so received shall be credited to the Immigration Enforcement11
Trust Fund.12
C. The monies in the fund shall be used to provide support to municipal13
police departments and sheriff's offices in combating illegal immigration and in the14
enforcement of the laws enumerated in R.S. 33:228 and this Section.15
§228. Cooperation and assistance in enforcement of immigration laws16
A. No official or agency of this state or political subdivision of this state17
shall limit or restrict the enforcement of federal immigration laws to less than the full18
extent permitted by such federal law.19
B. For any lawful stop, detention, or arrest made by any law enforcement20
officer where reasonable suspicion exists that the person stopped is an alien and is21
unlawfully present in the United States, a reasonable attempt shall be made, when22
practicable, to determine the immigration status of the person, except if the23
determination may hinder or obstruct an investigation. The citizenship status of an24
arrested person shall be verified pursuant to 8 U.S.C. 1373(c) before he may be25
released. The arrested person shall be presumed not to be an alien who is unlawfully26
present in the United States if he can provide to the law enforcement agency any of27
the following documentation:28
(1) A valid Louisiana driver's license.29 HLS 11RS-126 ENGROSSED
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(2) A valid Louisiana special identification card.1
(3) A valid tribal enrollment card, a tribal or Bureau of Indian Affairs2
affidavit of birth, or a tribal certificate of Indian blood.3
(4) A birth certificate or delayed birth certificate issued in any state, territory,4
or possession of the United States.5
(5) A United States certificate of birth abroad.6
(6) A United States passport.7
(7) A foreign passport with a United States visa.8
(8) An I-94 form with a photograph.9
(9) A United States Citizenship and Immigration Services employment10
authorization document or refugee travel document.11
(10) A United States certificate of naturalization.12
(11) A United States certificate of citizenship.13
C. If an alien who is unlawfully present in the United States is convicted of14
a violation of state or local law, on discharge from imprisonment or on the15
assessment of any monetary obligation that is imposed, the United States16
Immigration and Customs Enforcement or the United States Customs and Border17
Protection shall be immediately notified.18
D. Notwithstanding any provision of law to the contrary, a law enforcement19
agency may securely transport an alien who the agency has received verification is20
unlawfully present in the United States to a point of transfer that is outside of this21
state.22
E. In the implementation of this Section, an alien's immigration status may23
be determined by:24
(1) A law enforcement officer who is authorized by the federal government25
to verify or ascertain an alien's immigration status.26
(2) The United States Immigration and Customs Enforcement or the United27
States Customs and Border Protection pursuant to 8 U.S.C. 1373(c).28 HLS 11RS-126 ENGROSSED
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F. Except as provided in federal law, officials or agencies of this state or any1
political subdivision of this state, may not be prohibited or in any way be restricted2
from sending, receiving, or maintaining information relating to the immigration3
status, lawful or unlawful, of any individual or exchanging that information with any4
other federal, state, or local governmental entity for any of the following official5
purposes:6
(1) Determining eligibility for any public benefit, service, or license7
provided by any federal, state, or local entity.8
(2) Verifying any claim of residence or domicile if determination of9
residence or domicile is required under the laws of this state or a judicial order issued10
pursuant to a civil or criminal proceeding in this state.11
(3) Determining if the alien is in compliance with the federal registration12
laws prescribed by Title II, Chapter 7 of the Federal Immigration and Nationality13
Act.14
(4) Pursuant to 8 U.S.C. 1373 and 1644.15
G. This Section does not implement, authorize, or establish and shall not be16
construed to implement, authorize, or establish the REAL ID Act of 2005 (P.L. 109-17
13, Division B; 119 Stat. 302), including the use of a radio frequency identification18
chip.19
H. A person who is a legal resident of this state may bring an action in20
district court to challenge any official or agency of this state or political subdivision21
that adopts or implements a policy that limits or restricts the enforcement of federal22
immigration laws, including 8 U.S.C. 1373 and 1644, to less than the full extent23
permitted by federal law. If there is a judicial finding that an entity has violated the24
provisions of this Section, the court shall order that the entity pay a civil penalty of25
not less than five hundred dollars and not more than five thousand dollars for each26
day that the policy has remained in effect after the filing of an action pursuant to this27
Subsection.28 HLS 11RS-126 ENGROSSED
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I. The court shall collect the civil penalty prescribed in Subsection H of this1
Section and remit the funds to the state treasurer to deposit in the Immigration2
Enforcement Fund.3
J. The court may award court costs and reasonable attorney fees to any4
person or any official or agency of this state or political subdivision that prevails by5
an adjudication on the merits in a proceeding brought pursuant to this Section.6
K. Except in relation to matters in which the officer is adjudged to have7
acted in bad faith, a law enforcement officer is indemnified by the law enforcement8
officer's agency against reasonable costs and expenses, including attorney fees,9
incurred by the officer in connection with any action, suit, or proceeding brought10
pursuant to this Section in which the officer may be a defendant due to his actions11
in the course and scope of his employment.12
L. This Section shall be implemented in a manner consistent with federal13
laws regulating immigration, protecting the civil rights of all persons and respecting14
the privileges and immunities of United States citizens.15
Section 4. Part XI of Chapter 3 of Title 46 of the Louisiana Revised Statutes of 1950,16
comprised of R.S. 46:460.31, is hereby enacted to read as follows:17
PART XI. PUBLIC BENEFITS18
§460.31. Eligibility for state, local, or federal public benefits; documentation19
A. Notwithstanding any other provision of law to the contrary, any person20
who applies for any state, local, or federal public benefit that is administered by this21
state or any political subdivision, and that requires participants to be citizens of the22
United States shall submit at least one of the following documents to demonstrate23
lawful presence in the United States to the entity administering the public benefit:24
(1) A Louisiana driver's license or special identification card.25
(2) A birth certificate or delayed birth certificate issued in any state, territory,26
or possession of the United States.27
(3) A United States certificate of birth abroad.28
(4) A United States passport.29 HLS 11RS-126 ENGROSSED
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(5) A foreign passport with a United States visa.1
(6) An I-94 form with a photograph.2
(7) A United States Citizenship and Immigration Services employment3
authorization document or refugee travel document.4
(8) A United States certificate of naturalization.5
(9) A United States certificate of citizenship.6
(10) A tribal certificate of Indian blood.7
(11) A tribal or Bureau of Indian Affairs affidavit of birth.8
B. For purposes of this Part, documentation of citizenship and legal9
residence shall conform with the requirements of Title XIX of the Social Security10
Act.11
C. To the extent permitted by federal law, any agency or political12
subdivision of this state may allow tribal members, the elderly, and persons with13
disabilities or incapacity of the mind or body to provide documentation as specified14
in Section 6036 of the Federal Deficit Reduction Act of 2005 (P.L. 109-171; 12015
Stat. 81) and related federal guidance in lieu of the documentation required by this16
Section.17
D. Any person who applies for any state, local, or federal public benefit shall18
sign a sworn affidavit stating that the documents presented pursuant to Subsection19
A of this Section are true under penalty of perjury.20
E.(1) Any employee of an agency of this state or a political subdivision of21
this state that administers any federal public benefit shall report discovered violations22
of federal immigration law.23
(2) Any employee who fails to report such violations or any supervisor who24
knew of the failure to report and failed to direct the employee to make the report25
shall be guilty of failure to report fraud in obtaining public assistance, pursuant to26
R.S. 14:126.5.27
F. The provisions of this Section shall be enforced without regard to race,28
color, religion, sex, age, disability, or national origin.29 HLS 11RS-126 ENGROSSED
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G. Any person who is a resident of this state has standing in any court of1
record to bring suit against any agent or agency of this state or its political2
subdivisions to remedy any violation of any provision of this Section, including an3
action for mandamus. Courts shall give preference to actions brought under this4
Section over other civil actions or proceedings pending in the court.5
H. The court may award court costs and reasonable attorney fees to any6
person or any official or agency of this state or political subdivision of this state that7
prevails by an adjudication on the merits in a proceeding brought pursuant to this8
Section.9
I. For purposes of this Section, "federal public benefit" has the same10
meaning prescribed in 8 U.S.C. 1611.11
Section 5. The provisions of Section 2 of this Act shall not apply to contracts entered12
into prior to January 1, 2012. 13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Wooton HB No. 411
Abstract: Creates the La. Citizen Protection Act to provide with respect to verification of
citizenship status of residents of La. as it relates to employment, public benefits,
identification, arrest, criminal offenses, and law enforcement.
Proposed law (R.S. 14:100.21 and 100.22) creates the crimes of unlawfully harboring,
concealing, or sheltering an illegal alien and provides for penalties.
Proposed law provides that it shall be unlawful for any person to harbor, conceal, or shelter
from detection any alien in any place within the state of La., including any building or means
of transportation, knowing or in reckless disregard of the fact that the alien has entered or
remained in the U.S. in violation of law.
Proposed law lists affirmative defenses to the crimes of unlawfully harboring, concealing,
transporting, or sheltering an illegal alien, including the administration of humanitarian aid
in certain circumstances and representing the alien as an attorney or designee in an
immigration matter.
Proposed law (R.S. 33:100.23) creates the crime of unlawful stopping to hire and pick up
passengers for work and unlawful application, solicitation, or employment which prohibits
any occupant of a motor vehicle from hiring illegal aliens.
Proposed law prohibits solicitation for employment for any person who is unlawfully present
in the U.S. HLS 11RS-126 ENGROSSED
HB NO. 411
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law (R.S. 14:100.24) creates the crime of willful failure to complete and carry an
alien registration document and lists requirements for those required to do so.
Proposed law provides allowable criteria for the determination of an alien's immigration
status.
Proposed law prohibits law enforcement's use of race, color, or national origin in the
enforcement of proposed law.
Proposed law (R.S. 14:126.5) creates the crime of failure to report fraud in obtaining public
assistance.
Proposed law requires cooperation and assistance in enforcement of immigration laws.
Proposed law (R.S. 23:991.1) provides for definitions.
Present law (R.S. 23:992) prohibits the employment, hiring, recruiting, or referring for
employment, within the state of an alien who is not entitled to lawfully reside or work in the
U.S.
Proposed law requires every employer to register with and utilize a status verification system
to verify the federal employment authorization status of all new employees.
Proposed law prohibits certain employers from entering into a contract with any party who
does not utilize a status verification system to verify the legal working status of all new
employees.
Proposed law further requires a public employer to cancel any contract with a private
employer who has not participated in the status verification system.
Proposed law requires that the La. Workforce Commission (LWC) provide training and
instruction for two years for the federal E-Verify system and for any other status verification
systems.
Proposed law shall be exercised without regard to race, religion, ethnicity, or national origin.
Present law (R.S. 23:992.2) prohibits prosecution if employees have provided a picture
identification and one of several certain other identification documents.
Proposed law repeals the requirement for the employer to retain identification documentation
and requires that the employer verify employment eligibility by using a status verification
system.
Proposed law provides immunity from liability to any employer who relies in good faith on
the status verification system to determine an applicant's eligibility to work.
Proposed law (R.S. 23:992.3) requires the LWC to investigate complaints of violations and
the executive director of the LWC to verify the work verification status of employees who
are employed with the employer against whom the complaint was alleged.
Proposed law requires the employer to terminate any employee whose work status could not
be verified by the director.
Proposed law requires that after a complete investigation that reveals that the employer
failed to utilize the status verification system, the executive director of LWC shall notify the
attorney general or district attorney. HLS 11RS-126 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law (R.S. 23:995) prohibits any person from hiring an alien who is not entitled to
lawfully reside or work in the U.S.
Proposed law expands present law by prohibiting any employer from hiring an unauthorized
alien or enter into any contractual agreement to obtain the labor of an alien who is not
entitled to lawfully reside or work in the U.S.
Present law (R.S. 23:996) authorizes an agency, department, board, or commission of the
state or any political subdivision to notify the attorney general or the district attorney that
the agency has determined, after an investigation initiated by the agency or by a private
party's written complaint to the agency, that an employer who operates a La. business or
enterprise is knowingly employing an undocumented alien in violation of present law.
Present law authorizes the attorney general or district attorney to issue a cease and desist
order for violations of law and requires the termination of undocumented workers.
Proposed law changes the term "undocumented worker" to "unauthorized alien".
Proposed law (R.S. 33:227) creates the Immigration Enforcement Trust Fund for funds
collected as civil fees for violations of immigration enforcement laws.
Proposed law requires that funds deposited in the Immigration Enforcement Trust Fund be
used by law enforcement agencies in the enforcement of state and federal immigration laws.
Proposed law (R.S. 33:228) requires the cooperation and assistance of state agencies and
political subdivisions in the enforcement of immigration laws.
Proposed law further requires law enforcement to make a reasonable attempt to determine
the immigration status of any person under a lawful stop, detention, or arrest.
Proposed law (R.S. 46:460.31) requires that every person who applies for public assistance
must have his citizenship verified.
Proposed law lists the documentation that may be used to verify citizenship which includes:
(1)A La. driver's license or special identification card.
(2)A birth certificate or delayed birth certificate issued in any state, territory, or
possession of the U.S.
(3)A U.S. certificate of birth abroad.
(4)A U.S. passport.
(5)A foreign passport with a U.S. visa.
(6)An I-94 form with a photograph.
(7)A U.S. citizenship and immigration services employment authorization document or
refugee travel document.
(8)A U.S. certificate of naturalization.
(9)A U.S. certificate of citizenship.
(10)A tribal certificate of Indian blood.
(11)A tribal or Bureau of Indian Affairs affidavit of birth. HLS 11RS-126 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that if an employee of a state agency or political subdivision knows
that a person who applies or applied for public benefits violated federal immigration law, the
employee shall be guilty of failure to report fraud in obtaining public assistance.
Proposed law requires that the provisions of proposed law be administered without regard
to race, color, religion, sex, age, disability, or national origin.
Proposed law grants standing to any resident of the state in a suit against any agent, agency,
or political subdivision to remedy a violation of proposed law. Proposed law requires courts
to give preference to actions brought pursuant to proposed law over other civil matters.
Proposed law provides that the court may award court costs and reasonable attorney fees to
the prevailing party.
Proposed law provides that the provisions of this Act shall only apply to employees hired
on or after Jan. 1, 2012.
(Amends R.S. 23:991, 992, 992.2, 995, and 996(A) and (B); Adds R.S. 14:100.21-100.24,
R.S. 14:126.5, R.S. 23:991.1 and 992.3, R.S. 33:227 and 228, and R.S. 46:460.31)