HASBSB388 WAGNERJ 4119
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 388 2024 Regular Session Hodges
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
CRIME/PUNISHMENT. Creates the crime of unlawful entry or reentry into the state of
Louisiana by an alien. (See Act)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Maximum prison term for first violation reduced to six months.
2. Maximum fine for first violation reduced to $1,000.
3. Minimum prison term for subsequent violations increased to one year.
4. Define "unlawfully present in this state" or "unlawful presence in this state".
5. Make technical changes.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 388 Engrossed 2024 Regular Session Hodges
Proposed law creates the crime of unlawful entry or reentry into the state of La. by an alien.
Proposed law provides that the crime of unlawful entry or reentry into the state of La. by an
alien is committed when an alien enters or reenters into this state and is unlawfully present
in this state.
Proposed law provides that "unlawful entry" refers to an alien 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, without lawful presence in this state. Proposed law provides that "unlawful reentry"
refers to an alien 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, without lawful presence in this state.
Proposed law defines "lawfully present in this state" or "lawful presence 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.
Proposed law provides that "unlawfully present in this state" or "unlawful presence in this
state" refers to an alien who is not lawfully present in this state because the alien does not
meet the definition of "lawfully present in this state" or "lawful presence in this state". HASBSB388 WAGNERJ 4119
A first violation of proposed law is punishable by imprisonment for up to six months, or a
fine of up to $1,000, or both. Further provides that a second or subsequent violation of
proposed law is punishable by imprisonment, with or without hard labor, for not less than
one year and not more than two years, a fine of up to $10,000, or both.
Proposed law provides an affirmative defense to the prosecution of the crime of unlawful
entry or unlawful reentry 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 La.'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 La. bears 99%
of the costs due to incarcerating illegal immigrants who commit secondary crimes
in La. 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 La. schools, and threaten the state and local tax base
of La. 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. HASBSB388 WAGNERJ 4119
(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 La. to prohibit or limit the unlawful entry or reentry by
an illegal alien into La. 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)
______________________
Jonathon Wagner
Staff Attorney