AMICUS CURIAE BRIEF IN STATE OF LOUISIANA V. BONIFACIO RAMIREZ

Formal Citation: State of Louisiana v. Bonifacio Ramirez, 2013-K -0276 (Parish of Lafayette); State of Louisiana v. Rosa Lugo Marquez, 2013-KK-0315 (Parish of Lafayette)

The New Orleans Workers’ Center for Racial Justice filed an amicus brief urging the Supreme Court of Louisiana to invalidate Louisiana Revised Statute 14:100.13, Louisiana’s own “show me your papers” law. Section 100.13 creates a felony offense for driving without documentation of lawful status and is punishable by one year of incarceration with hard labor and a one thousand dollar fine. In its amicus brief to the Supreme Court filed today, the Workers’ Center highlights three fundamental reasons why the Supreme Court of Louisiana should invalidate this law. First, Section 14:100.13 is preempted by federal law because the federal government exclusively regulates the field of alien-registration law. Second, Section 14:100.13 is preempted because its harsh penalties conflict with the substantive standard and aim of federal immigration law. Lastly, Section 100.13 is unconstitutional because it violates the Fourth Amendment, authorizing law enforcement to arrest individuals based on perceived immigration status without probable cause and imposes a discriminatory burden on Lousiana’s Latino residents. Section 14:100.13 is bad law and bad policy. Rather than making communities safer, it chills cooperation between Louisiana residents and law enforcement and subjects Louisiana residents to undue inquisition regarding their citizenship.

See also the Motion for Leave to File an Amicus Brief in the case.

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AMICUS CURIAE BRIEF IN STATE OF LOUISIANA V. BONIFACIO RAMIREZ