The new law provides that state or local entities and law enforcement agencies are prohibited from adopting or implementing a sanctuary policy. A sanctuary policy, as defined in the new law, is any policy, practice, or law that prohibits or interferes with communication between state and local agencies and federal immigration agencies, or which otherwise prevents or obstructs law enforcement agencies in the state from cooperating with federal immigration authorities.
Examples of cooperation between state agencies and federal immigration authorities include: complying with immigration detainers, notifying federal authorities before releasing detainees in custody, and participating in 287(g) agreements which allow state and local officials to aid in the enforcement of immigration laws.
Additionally, the new law requires law enforcement agencies to use their “best efforts to support the enforcement of federal immigration law.” In particular, state, local, and law enforcement entities, including their employees, may not “prohibit or in any way restrict” law enforcement agencies from sending information regarding an alien’s immigration status from federal authorities, receiving information on immigration status from federal authorities, using such information to comply with immigration detainers, and exchanging such information with federal authorities or other state and local entities.
Despite encouraging pervasive immigration information sharing, the law does carve out one exception. S.B. 208 expressly states that local entities or law enforcement agencies are not required to provide federal immigration authorities with information pertaining to a victim or witness of a criminal offense if the witness or victim cooperates in the investigation or prosecution of the offense.
Importantly, however, Louisiana’s new law contains a provision that helps enforce the new anti-sanctuary measures. Under this provision, the state attorney general, in consultation with the governor, is allowed to file lawsuits against any government entity or law enforcement agency for any violations of SB 208. If a trial court concludes that a violation has occurred, the court must enjoin the sanctuary policy to keep it from taking effect.
