NOTE: R.S. 14:112.11 eff. upon decision of the United States Supreme Court. See Acts 2024, No. 670.

SUBPART E. UNLAWFUL ENTRY INTO THIS STATE BY AN ALIEN

§112.11. Definitions

            For purposes of this Subpart:

            (1) "Alien" shall have the same meaning as "alien" as defined by 8 U.S.C. 1101.

            (2) "Lawfully present in this state" or "lawful presence in this state" refers to a person within the borders of this state who is:

            (a) A natural person who is a United States citizen, regardless of whether the United States citizenship was acquired by birth or granted because the person has met the requirements for asylum established by the United States Congress in the Immigration and Nationality Act, in particular 8 U.S.C. 1158.

            (b) Legally present in this state by virtue of authorization by the United States Department of Homeland Security on the basis of any one of the following:

            (i) The person is a permanent legal resident.

            (ii) The person holds an unexpired student visa.

            (iii) The person holds an unexpired work permit.

            (c) Legally present or entitled to be present in the United States pursuant to an unexpired visitor or tourist visa, or pursuant to any other provision of federal law.

            (3) "Unlawful entry" refers to an alien who is found entering or has entered into this state by automobile, watercraft, airplane, or any other method of entry or means of conveyance, whether or not entry is made directly from a foreign nation or indirectly from another state, without lawful presence in this state.

            (4) "Unlawful reentry" refers to an alien who has entered, attempted to enter, or at any time is found in this state after the alien has been found to have been subject to any of the following:

            (a) Denied admission, excluded, deported, or otherwise removed from the United States.

            (b) Departed from the United States while an order of exclusion, deportation, or removal is outstanding.

            (5) "Unlawfully present in this state" or "unlawful presence in this state" refers to an alien who is not lawfully present in this state because the alien does not meet the definition in this Section of "lawfully present in this state" or "lawful presence in this state".

            Acts 2024, No. 670, §1, See Act.