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La. Ct. App. on 'Driving While Undocumented' Statute, Preemption: State v. Sarrabea

"Defendant argues La.R.S. 14:100.13 is an unconstitutional attempt to preempt federal law because it attempts to preempt the field of alien registration which is occupied by federal law. Thus, he asserts, the trial court lacked jurisdiction to convict him. In support of this assertion Defendant...

Louisiana Supreme Court on Preemption: State v. Sarrabea

"After review of the relevant law, both statutory and jurisprudential, and despite its laudable goal aimed at preventing acts of terrorism, we are constrained to find, based on the Supreme Court case of Arizona v. United States, 132 S.Ct. 2492 (2012), that La. R.S. 14:100.13 operates in the field...