Court Strikes Down Louisiana Crime Of Driving While Undocumented

By Nicole Flatow on May 6, 2013 at 3:00 pm

Even as other states move toward making a it little bit easier for undocumented immigrants to drive, Louisiana law still makes it a felony to drive without documentation of lawful U.S. presence. But a Louisiana appellate court struck down the driving while undocumented law last week as unconstitutional, citing the U.S. Supreme Court’s 2012 ruling on federal preemption of state immigration law.

The court explains that the record does not provide “any factual basis for the police approaching Defendant, nor any basis which would establish probable cause for arresting Defendant.”

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