University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name State of Louisiana v. Barrientos IM-LA-0004
Docket / Court 06-1726 ( State Court )
State/Territory Louisiana
Case Type(s) Immigration
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 ... read more >
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.

Dan Dalton - 10/23/2007


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism
Discrimination-basis
Immigration status
General
Drivers Licenses
Racial profiling
Transportation
Immigration
Constitutional rights
Criminal prosecution
National Origin/Ethnicity
Hispanic
Plaintiff Type
State Plaintiff
Causes of Action State law
Defendant(s) Alien- criminal defendant
Plaintiff Description State of Louisiana (criminal prosecution, defendant was charged under statute forbidding aliens driving without proof of legal residency)
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2007 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Judgment and Reasons 01/31/2007
IM-LA-0004-0001.pdf | Detail
Judges Grant, Jo Ellen (State Trial Court)
IM-LA-0004-0001
Monitors/Masters None on record
Plaintiff's Lawyers Bellinger, Martin (Louisiana)
IM-LA-0004-0001
Defendant's Lawyers Gonzalez, Romualdo (Louisiana)
IM-LA-0004-0001
Sclafani, Kyle (Louisiana)
IM-LA-0004-0001
Other Lawyers Crow, Melissa E. (District of Columbia)
IM-LA-0004-0001

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