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


compress summary