Welcome to FindLaw's coverage of existing Louisiana legislation and rules related to individuals' immigration status. However, it is important to be aware of the relationship and tension between state and federal law when it comes to subjects involving immigration. Below you will find information on what, if any, rules Louisiana has regarding immigration checks by law enforcement, educational institutions, and employers, as well as the existence of E-Verify requirements, restrictions on public benefits based on an individual's immigration status, and more.
Although immigration and enforcement are typically matters dealt with by federal immigration authorities, an increasing number of local and county law enforcement officials are starting to assist with, investigate, or pursue suspected immigration-related offenses. Also, under a federal program known as "Secure Communities", all individuals arrested are fingerprinted and run through a database which checks their immigration status. However, some states are considering and sometimes passing legislation permitting local governments to "opt out" of such programs.
Under federal law, employers should refer to federal employment eligibility verification rules, as well as the requirements for Form I-9.
Louisiana requires that all private and public employers use E-Verify to confirm the employment eligibility of new hires.
Louisiana requires that individuals applying for a driver's license or ID establish their identity and date of birth when applying for a Louisiana driver's license. A variety of different documents may be used for this purpose.
Under federal law, illegal immigrants are prohibited from receiving public benefits, although they are allowed to receive emergency services, health care, and other programs that have been identified as "necessary to protect life and safety."
Illegal immigrants are not allowed to pay in-state tuition rates at state schools.
Louisiana law requires that voters present election officials with photo ID in order to cast a vote. This can take the form of a state driver's license, ID card, or some other generally recognized form of picture ID. If the voter has none, they can bring a utility bill, paycheck, or similar type of document that includes the voter's name and address. In addition to this non-photo ID, the voter will be required to sign an affidavit in order to vote.
Contact a qualified immigration attorney to help you get the best results possible.