Louisiana v. Sarrabea

In response to the terrorist attacks of September 11, 2001, the Louisiana legislature enacted a series of laws titled "Prevention of Terrorism on the Highways." One of the statutes proscribes the operation of a motor vehicle by an alien student or nonresident alien who does not possess documentation demonstrating lawful presence in the United States. Violation is a felony that carried a fine of not more than $1,000 and/or imprisonment for not more than one year, with or without hard labor. Following a nolo contendere plea to the charge of violating La. R.S. 14:100.13, in which he reserved the right to appeal a claim that the statute was preempted by federal law, defendant appealed his conviction to the Court of Appeal. The appellate court reversed defendant's conviction and sentence, holding that La. R.S. 14:100.13 was indeed preempted. After review of the relevant law, the Supreme Court found that based on "Arizona v. United States," (132 S.Ct. 2492 (2012)), La. R.S. 14:100.13 was preempted by federal law under the Supremacy Clause of the U.S. Constitution. Accordingly, the Court affirmed the court of appeal. View "Louisiana v. Sarrabea" on Justia Law