Louisiana § RS 33:81 - Definitions

§ RS 33:81. Definitions

            For the purposes of this Part, the following words and terms shall have the meaning indicated unless the context clearly indicates differently:

            (1) "Detainee" means an alien in the custody of a law enforcement agency.

            (2) "Federal immigration agency" means either the United States Department of Justice or the United States Department of Homeland Security, a division within either agency, including but not limited to United States Immigration and Customs Enforcement and United States Customs and Border Protection, any successor agency, and any other federal agency charged with the enforcement of immigration law.

            (3)(a) "Immigration detainer" means a facially sufficient written or electronic request issued by a federal immigration agency using that agency's official form to request that another law enforcement agency detain a person based on probable cause to believe that the person to be detained is a removable alien under federal immigration law, including but not limited to detainers issued pursuant to 8 U.S.C. 1226 and 1357, along with a warrant described in Item (b)(iii) of this Paragraph.

            (b) For purposes of this Part, an immigration detainer is deemed facially sufficient if any of the following circumstances apply:

            (i) The federal immigration agency's official form is complete and indicates on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law.

            (ii) The federal immigration agency's official form is incomplete and fails to indicate on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law but is supported by an affidavit, order, or other official documentation that indicates that the federal immigration agency has probable cause to believe that the person to be detained is a removable alien under federal immigration law.

            (iii) The federal immigration agency supplies, with its detention request, a Form I-200 Warrant for Arrest of Alien or a Form I-205 Warrant of Removal/Deportation or a successor warrant or other warrant authorized by federal law.

            (4) "Law enforcement agency" means an agency in this state charged with enforcement of state, parish, municipal, or federal laws or with managing custody of detained aliens in this state and includes municipal police departments, sheriff's offices, state police offices, state university and college police departments, parish correctional agencies, and the Department of Public Safety and Corrections.

            (5) "Local governmental entity" means any parish, municipality, or other political subdivision of this state.

            (6) "Sanctuary policy" means a law, policy, practice, procedure, or custom adopted or allowed by a state entity or local governmental entity which prohibits or impedes a law enforcement agency from complying with 8 U.S.C. 1373 or which prohibits or impedes a law enforcement agency from communicating or cooperating with a federal immigration agency so as to limit that law enforcement agency in, or prohibit the agency from, any of the following:

            (a) Complying with an immigration detainer.

            (b) Complying with a request from a federal immigration agency to notify the agency before the release of a detainee in the custody of the law enforcement agency.

            (c) Providing a federal immigration agency access to a detainee for interview.

            (d) Participating in any program or agreement authorized under 8 U.S.C. 1357.

            (e) Providing a federal immigration agency with a detainee's incarceration status or release date.

            (7) "State entity" means the state or any office, board, bureau, commission, department, branch, division, or institution thereof, including state public colleges and universities.

            Acts 2024, No. 314, §1, eff. May 28, 2024.