Rights of Non-Citizens in Louisiana Criminal Proceedings

In June 2024, Governor Landry signed a law declaring unlawful entry or reentry into the state of Louisiana to be a crime (SB No. 388). This law, unless it is declared unconstitutional in the future, allows Louisiana police to arrest undocumented immigrants and subject them to prison time and fines.

These are uncertain and difficult times for immigrants in America, whatever their legal status may be. Laws and enforcement policies may shift abruptly with changes in government. New arrivals to the US can face suspicion and scapegoating from their community and local law enforcement.

Police officers lie. They even have the legal right to do so in some situations, although they generally don’t wait to find out whether they do or not. Nonetheless, non-citizens—even if they are undocumented—have certain constitutional rights just as citizens do, and no one should be bullied out of their rights. Whether you are a longtime lawful permanent resident (LPR) or a recent arrival to Louisiana, it is wise to brush up on your rights during criminal proceedings.

When Approached by Law Enforcement

If a law enforcement officer (LEO) of any kind—police, sheriff, ICE—speaks to you in Louisiana, you must tell them your name if they request it. Otherwise, you have the right to remain silent. Nonetheless, if an LEO stops your car in traffic, you must provide your license, registration, and proof of insurance on request.

You do not have to tell most LEOs where you were born or how you entered the US. However, 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 by LEOs, including immigration officers. LEOs can only search you if they have a warrant or probable cause. “Probable cause” is a legal term for an officer’s reasonable belief that a crime has been or is about to be committed. If you are lawfully under arrest, they will then have the right to conduct a search.

Rights Under Arrest

Non-citizens who are under arrest by Louisiana state LEOs have the right to remain silent and the right to an attorney, even if they cannot afford one. These are the famous Miranda rights; every officer should give them when placing someone under arrest or beginning an interrogation in custody.

If you have been arrested on state or federal charges that have nothing to do with immigration, you have the right to a state-funded attorney if necessary. But if you are detained by immigration officials, you only have the right to hire an attorney—not to have one provided for you. For this reason, it is vital to keep contact information for reliable legal help on hand.

Trials and Punishment

When you have been charged with a state or federal criminal offense unrelated to immigration, you should have the same rights and responsibilities at trial as any citizen. Unlike a citizen, however, you may face deportation as a possible penalty.

Another recent Louisiana law, SB No. 208, authorizes local law enforcement agencies who have arrested immigrants to exchange information with ICE and other federal agencies. Furthermore, the law requires local authorities to cooperate with immigration officials in these matters. If the federal government already intended to detain or deport the arrestee, they may be transferred to federal custody.

Deportation Orders

An immigrant convicted of “crimes involving moral turpitude,” often abbreviated CIMT or CMTs, risks being deported for:

• One such crime within five years of being admitted (ten years under special circumstances)
• Multiple such crimes at any time after admission
• Any crime with a penalty of more than one year in prison

Federal law does not strictly define CIMTs, but crimes involving fraud, larceny, or the intent to harm people or property are likely to qualify. This includes nonviolent offenses, such as forgery and identity theft, together with crimes of violence. See 9 FAM 302.3-2.

This is why any immigrant, regardless of longtime lawful status, should contact a criminal defense attorney immediately if they have been charged with a felony, a DWI, or any crime that could possibly involve moral elements.

Immigrants may also be deported for a number of named crimes, including:

• High-speed flight from an immigration checkpoint
• Drug offenses
• Domestic violence or crimes against children
• Any conviction of an aggravated felony

See 8 USC § 1227(2).

Retaining the Defense You Deserve

An experienced Louisiana criminal defense attorney can provide you with the urgent help you need, working with your immigration attorney to keep you safe and defend your rights. A criminal defense attorney can challenge the basis for an arrest, potentially suppressing the state’s use of evidence and undermining their case. Having charges dismissed or reduced may be crucial to preserving your immigration status in future proceedings.

Now more than ever, knowing your rights and being prepared to assert them is vital. If you are facing Louisiana charges, contact our office in Monroe at 318-594-4565 for your free case evaluation.