Crime of “Driving While Illegal” Found Unconstitutional

A Louisiana judge ruled that a state statute prohibiting driving without lawful presence in the United States constitutes “an impermissible attempt to regulate immigration and conflicts with federal immigration law.” The National Immigration Law Center, together with the Advancement Project, ACLU Immigrants’ Rights Project, ACLU of Louisiana, Friends and Families of Louisiana’s Incarcerated Children, New Orleans Worker Center for Racial Justice, and Safe Streets-Strong Communities, submitted an amicus brief explaining why the statute unlawfully infringes on the federal government’s plenary power over immigration, violating the Supremacy Clause of the Constitution. The full decision can be viewed by clicking here.

KJ