The original instrument was prepared by Carla S. Roberts. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Alden
A. Clement, Jr.
DIGEST
SB 388 Engrossed 2024 Regular Session Hodges
Proposed law creates the crime of unlawful entry or reentry into the state of Louisiana by an alien.
Proposed law provides that the crime of unlawful entry or reentry into the state of Louisiana by an
alien is committed when a person who is an alien unlawful enters into this state. Proposed law
defines "unlawfully enters" as alien without lawful presence in this state who is found entering or
has entered into the state, whether by automobile, watercraft, airplane, or by any other method or
means of conveyance, either directly from a foreign nation or indirectly from another state.
Proposed law provides that the crime of unlawful reentry by an alien is committed when an alien has
unlawfully reentered into this state. Proposed law defines "unlawfully reenters" to mean an alien
without lawful presence in this state who has entered, attempted to enter, or at any time is found in
this state after the person has been found to have been denied admission, excluded, deported, or
otherwise removed from the U.S. or departed from the U.S. while an order of exclusion, deportation,
or removal is outstanding.
Proposed law defines "lawfully present in this state" as:
(1)A natural person who is a U.S. citizen, regardless of whether citizenship was acquired by
birth or granted because the person has met the requirements for asylum established by
Congress in the Immigration and Nationality Act.
(2)Legally present in this state by virtue of authorization by the U.S. Dept. of Homeland
Security on the basis of any one of the following:
(a)The person is a permanent legal resident.
(b) The person holds an unexpired student visa.
(c)The person holds an unexpired work permit.
(3) Legally present or entitled to be present in the U.S. pursuant to an unexpired visitor or tourist
visa or pursuant to any other provision of federal law.
A violation of proposed law is punishable by imprisonment for up to one year, or a fine of up to
$4,000, or both. A second or subsequent violation of proposed law is punishable by imprisonment,
with or without hard labor, for between six months and two years, a fine of up to $10,000, or both.
Proposed law provides an affirmative defense to a prosecution if the federal government has granted the defendant lawful presence or asylum in the U.S. or the defendant's conduct does not violate
federal law relative to illegal entry into the U.S.
Proposed law does not apply to an alien unlawfully present in the U.S. if he has been a necessary
witness to or victim of a crime of domestic violence, rape, sexual exploitation, sexual assault,
murder, manslaughter, assault, battery, human trafficking, kidnapping, false imprisonment,
involuntary servitude, fraud in foreign labor contracting, blackmail, extortion, or witness tampering.
Proposed law provides that a court cannot abate or terminate the prosecution of a violation of
proposed law on the basis that a federal determination regarding the immigration status of the
defendant has not been determined or may possibly be initiated at a future date.
In an effort to further deter unlawful entry or reentry into the state, proposed law provides for an
interstate compact for border security.
Present constitution provides that Louisiana's government is instituted by the people to protect the
rights of the individual for the good of the whole and state government's only legitimate ends are to
secure justice for all, preserve peace, protect rights, and to promote the happiness and general
welfare of the people.
Proposed law authorizes the governor, with the assistance of the attorney general, to assist the
governor of the state of Texas to establish an interstate compact for border security at the southern
border at the U.S.-Mexico border to control the influx with respect to illegal immigration that
threatens the safety and security of La. citizens.
Proposed law provides legislative finding, as follows:
(1)In 2024, an executive order was issued by Governor Jeff Landry, JML 24-05, entitled
"Identifying, Qualifying, and Mitigating the Adverse Effects of Illegal Immigration on
Louisiana". The executive order found that illegal entry and reentry to the U.S., as well as
the encouragement and inducement of illegal entry and transportation of illegal aliens within
the U.S., are criminal offenses under federal law, and those who aid and abet these offenses
also commit a criminal act. The state of Louisiana bears 99% of the costs due to incarcerating
illegal immigrants who commit secondary crimes in Louisiana other than unlawful entry by
an alien.
(2)The U.S. Supreme Court has recognized that states bear the consequences of unlawful
immigration.
(3)Open border policies by the federal government result in increased prison overcrowding,
overcrowding at Louisiana schools, and threaten the state and local tax base of Louisiana
citizens.
(4)In the 2024 Second Extraordinary Session, the legislature appropriated funds and the
governor issued an executive order to deploy the La. National Guard to assist the state of Texas in securing the southern border of the U.S., in order to curb the invasion by illegal
immigrants at the international border in Texas.
Proposed law provides that the governor, with the legal assistance of the attorney general, is hereby
authorized to negotiate an interstate compact with the governor of Texas to assist Texas in securing
the border.
Proposed law provides that this interstate compact may do all of the following:
(1)Share law enforcement intelligence on illegal activity occurring at or in proximity to the
U.S.-Mexico border.
(2)Share state resources in order to build physical barriers, comprehensive technological
surveillance systems, or combinations of barriers and surveillance systems on state property
for the purposes of detecting and deterring illegal activity at or in proximity to the U.S.-
Mexico border.
(3)Share law enforcement resources to ensure the protection of personnel and property of the
citizens of the states participating in the compact.
Proposed law provides that once the governor, with the assistance of the attorney general, has
negotiated and assisted the governor of Texas with preparation and Texas finalizes the compact to
protect its southern border, the governor will promptly submit the Interstate Compact for Border
Security to the legislature for approval, and for the purposes of appropriating necessary funds to
fulfill the purposes of proposed law.
Proposed law provides that if any provision or item of proposed law, or the application thereof, is
held invalid by a court, the invalid portion will be severed and the rest of proposed law will be valid.
Proposed law provides that the portion of proposed law that creates the crime of unlawful entry by
an illegal alien without lawful presence in this state is to become effective immediately upon, and
to the extent permitted by, the occurrence of any of the following:
(1)Any decision of the U.S. Supreme Court in U.S. v. Texas that affirms the Act which
originated as Texas Senate Bill No. 4 of the 2023 88th Legislature Fourth Called Legislative
Session of the Texas Legislature, which enacted the Texas Penal Code provision entitled
"Illegal Entry Into the State", which recognizes the right of states to protect their citizens
when "actually invaded, or in such imminent Danger as will not admit delay," pursuant to
Art. 1, Section 10 of the Constitution of the U.S.
(2)Adoption of an amendment to the U.S. Constitution that, in whole or in part, restores or
increases the authority of Louisiana to prohibit or limit the unlawful entry or reentry by an
illegal alien into Louisiana should the U.S. Supreme Court fail to affirm the provisions of
Texas Senate Bill No. 4. Further, proposed law is to become effective upon any executive order or other executive action by
the Texas governor in furtherance of the Act by the Texas legislature that provides for the "Interstate
Compact for Border Security," which authorizes the governor of Texas to develop and execute an
interstate compact for border security for among interested states.
(Adds R.S. 14:112.21-112.23 and R.S. 49:216)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Add that persons lawfully present in the U.S. pursuant to a tourist visa or other
provisions of federal law are exempt from certain provisions of proposed law.
2. Add that proposed law does not apply to an alien unlawfully present in the U.S. if he
has been a necessary witness to or victim of certain crimes.
2. Make technical changes.