Case: State of Louisiana v. Barrientos

06-01726 | Louisiana state trial court

Filed Date: 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

This case involved a criminal proceeding in Louisiana state court. The State charged defendant Omar Barrientos with violating La. R.S. 14:100.13, Operating a Vehicle Without Lawful Presence in the United States. The statute provided:"No alien student or nonresident alien shall operate a motor vehicle in the state without documentation demonstrating that the person is lawfully present in the United States." The statute further provided that the arresting law enforcement officer was to seize an…

This case involved a criminal proceeding in Louisiana state court. The State charged defendant Omar Barrientos with violating La. R.S. 14:100.13, Operating a Vehicle Without Lawful Presence in the United States. The statute provided:

"No alien student or nonresident alien shall operate a motor vehicle in the state without documentation demonstrating that the person is lawfully present in the United States." The statute further provided that the arresting law enforcement officer was to seize and cancel the defendant's driver's license and notify the Department of Homeland Security of the defendant's arrest so that removal proceedings could be initiated. Punishment for violation of the statute included a fine up to $1,000 and jail time not to exceed one year.

Defendant was stopped in March 2006 for driving with an expired license plate. He allegedly produced a Texas ID card belonging to another individual and was then arrested and charged with violation of La. R.S. 14:100.13.

Defendant's attorney moved to quash the charge on the grounds that the criminal statute was unconstitutional on its face. Attorneys for the National Immigration Law Center filed an amicus brief in support of the defendant.

On January 31, 2007, the 24th Judicial District Court, Jefferson Parish Louisiana granted defendant's motion to quash and dismissed the criminal charge against him. The Court found that the statute was unconstitutional as it was an attempt to regulate federal immigration law.

Summary Authors

Dan Dalton (10/23/2007)

People


Judge(s)

Grant, Jo Ellen (Louisiana)

Attorneys(s) for Plaintiff

Bellinger, Martin (Louisiana)

Attorneys(s) for Defendant

Sclafani, Kyle (Louisiana)

Other Attorney(s)

Active

Expert/Monitor/Master

Gonzalez, Romualdo (Louisiana)

Judge(s)

Grant, Jo Ellen (Louisiana)

Attorneys(s) for Plaintiff

Bellinger, Martin (Louisiana)

Attorneys(s) for Defendant

Sclafani, Kyle (Louisiana)

Other Attorney(s)

Crow, Melissa E. (District of Columbia)

Expert/Monitor/Master

Gonzalez, Romualdo (Louisiana)

Documents in the Clearinghouse

Document

06-01726

Judgment and Reasons

Jan. 31, 2007

Jan. 31, 2007

Order/Opinion

Docket

Last updated Aug. 24, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Louisiana

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: 2006

Closing Date: 2007

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

State of Louisiana (criminal prosecution, defendant was charged under statute forbidding aliens driving without proof of legal residency)

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alien- criminal defendant, None

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

None of the above

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2007 - None

Issues

General:

Drivers Licenses

Racial profiling

Transportation

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights

Criminal prosecution

National Origin/Ethnicity:

Hispanic