Louisiana State Immigration Laws

Unlike more liberal states, such as Connecticut, New York, and Maryland, Louisiana has a history of being less favorable to immigrants. 

Awareness of the relationship and tension between state and federal law is essential. This is true of every area of law. But this tension is often clear when it involves immigration.

The federal government sets and enforces many immigration laws. It has significant authority in its administration and enforcement. But the states also have certain powers in administration and enforcement.

This article covers immigration laws and rules in the state of Louisiana. Find information on:

• Law enforcement and immigration in Louisiana
• Employment and immigration
• Louisiana E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks
• Voting ID rules
• Housing ordinances and immigration
• How an immigration attorney can help
• Related resources

Knowing your rights is essential whether you’re pursuing U.S. citizenship or in any other immigration-related circumstances. If you’re facing an immigration issue in Louisiana, legal help is available. Contact a local immigration attorney for legal advice and support.

COVID-19 Legal Battles Over Immigration in Louisiana

Like many conservative jurisdictions, such as Tennessee, North Carolina, South Carolina, Kansas, and Arkansas, Louisiana has been more adversarial about migrants’ rights.

During the COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC) restricted migrants’ passage into the United States. It did so under a law called Title 42.

Title 42 allows the U.S. government to take emergency action in certain situations, such as preventing the spread of disease. Using Title 42, the CDC suspended the passage of noncitizens into the United States based on the severe public health risks of COVID-19. This included asylum-seekers.

Eventually, the pandemic posed a lower threat to public health. So, the CDC suspended the Title 42 policy. In response, Louisiana and 21 other states filed a lawsuit against the U.S. government.

In the lawsuit, the states argued that suspending Title 42 would cause many problems associated with border-crossings by undocumented migrants to re-emerge, such as drug trafficking and overburdening of state resources

According to the Department of Justice (DOJ), the CDC had lawfully exercised its authority to suspend the usage of Title 42. The DOJ recognized that the pandemic-related threats to public health had subsided.

As a result, Title 42 has ended. In February, the U.S. Supreme Court canceled its planned review of the Trump-era challenges to the suspension of Title 42.

In the meantime, Customs and Border Patrol (CBP) has reverted to using Title 8. Under Title 8, more entries into the United States are permitted than when Title 42 was in effect.

Law Enforcement and Immigration in Louisiana

Federal immigration authorities typically manage immigration and enforcement. But local law enforcement officials are increasingly assisting with immigration issues. This includes investigating or pursuing suspected immigration-related offenses.

Under a federal program, authorities run all convicts’ names through a federal database. That database checks for immigration violations. The following federal agencies share access to this database:

• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS)
• U.S. Immigration and Customs Enforcement (ICE) 

Employment Checks

Under federal law, employers should refer to the federal employment eligibility verification rule. Specifically, they should review the Form I-9 requirements.

Louisiana E-Verify Requirements

Louisiana requires all private companies to use E-Verify to verify the employment eligibility of new hires. All public employers must do the same.

Driver’s License and ID Requirements

Louisiana requires those applying for a driver’s license or ID to establish their identity and date of birth. They must do so when applying for a Louisiana driver’s license. Applicants can use a variety of acceptable documents.

Public Benefits Restrictions

Under federal law, immigrants living here illegally can’t get public benefits. But they can use emergency services. They can get health care and other programs “necessary to protect life and safety.”

Education Restrictions

Immigrants living in Louisiana illegally cannot pay in-state tuition rates at state schools. The same applies to Deferred Action for Childhood Arrivals (DACA) recipients.

DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voter ID Rules

Louisiana law requires voters to show a photo ID to cast a vote. This can be a state driver’s license, ID card, or other generally recognized forms of ID. If the voter has none, they can bring a utility bill, paycheck, or similar type of document. That document must include the voter’s name and address. Without an ID, the voter must sign an affidavit to vote.

Housing Ordinances and Immigration

Louisiana has no special housing ordinances for immigrants. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Need More Help? Contact A Lawyer

If you’re an immigrant in Louisiana, it’s essential to know your rights. Whatever your unique set of circumstances, legal advice from a licensed immigration lawyer is an invaluable resource. They can help you work through:

• Deportation or removal proceedings
• The naturalization process to become a U.S. citizen
• Change of immigration status
• Appearances before the Board of Immigration Appeals (BIA)
• Going to immigration courts
• Pursuing a T-nonimmigrant visa (a visa for victims of human trafficking)
• Your regular communications with U.S. Citizenship and Immigration Services (USCIS)

Regardless of the immigration circumstances you face, an experienced lawyer can help you navigate your case with confidence.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Louisiana. Enter your city or ZIP code—whether New Orleans or elsewhere in the state—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they have interpreters.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Louisiana:  Related Resources

If you cannot afford an attorney, the organizations below may be able to connect you with free or low-cost legal help.

•  Louisiana State Bar Association — The Louisiana chapter of the American Bar Association can provide referrals to local pro bono attorneys and other low-cost legal services.
• Louisiana Organization for Refugees and Immigrants — This nonprofit organization offers immigrants immigration and advocacy services. This organization also offers more general social services for migrants.
• Southeast Louisiana Legal Services — This nonprofit organization provides free and low-cost legal services to qualifying low-income individuals in need of legal representation.
• Louisiana Law Help — Use this website as a guide to free legal services for income-eligible individuals and seniors in Louisiana.