§ 33:81 — Definitions

§81. Definitions
For the purposes of this Part, the following words and terms shall have the
meaning indicated unless the context clearly indicates differently:
(1) "Detainee" means an alien in the custody of a law enforcement agency.
(2) "Federal immigration agency" means either the United States Department
of Justice or the United States Department of Homeland Security, a division within
either agency, including but not limited to United States Immigration and Customs
Enforcement and United States Customs and Border Protection, any successor
agency, and any other federal agency charged with the enforcement of immigration
law.
(3)(a) "Immigration detainer" means a facially sufficient written or electronic
request issued by a federal immigration agency using that agency's official form to
request that another law enforcement agency detain a person based on probable cause
to believe that the person to be detained is a removable alien under federal
immigration law, including but not limited to detainers issued pursuant to 8 U.S.C.
1226 and 1357, along with a warrant described in Item (b)(iii) of this Paragraph.
(b) For purposes of this Part, an immigration detainer is deemed facially
sufficient if any of the following circumstances apply:
(i) The federal immigration agency's official form is complete and indicates
on its face that the federal immigration official has probable cause to believe that the
person to be detained is a removable alien under federal immigration law.
(ii) The federal immigration agency's official form is incomplete and fails to
indicate on its face that the federal immigration official has probable cause to believe
that the person to be detained is a removable alien under federal immigration law but
is supported by an affidavit, order, or other official documentation that indicates that
the federal immigration agency has probable cause to believe that the person to be
detained is a removable alien under federal immigration law.
(iii) The federal immigration agency supplies, with its detention request, a
Form I-200 Warrant for Arrest of Alien or a Form I-205 Warrant of
Removal/Deportation or a successor warrant or other warrant authorized by federal
law.
(4) "Law enforcement agency" means an agency in this state charged with
enforcement of state, parish, municipal, or federal laws or with managing custody of
detained aliens in this state and includes municipal police departments, sheriff's
offices, state police offices, state university and college police departments, parish
correctional agencies, and the Department of Public Safety and Corrections.
(5) "Local governmental entity" means any parish, municipality, or other
political subdivision of this state.
(6) "Sanctuary policy" means a law, policy, practice, procedure, or custom
adopted or allowed by a state entity or local governmental entity which prohibits or
impedes a law enforcement agency from complying with 8 U.S.C. 1373 or which
prohibits or impedes a law enforcement agency from communicating or cooperating
with a federal immigration agency so as to limit that law enforcement agency in, or
prohibit the agency from, any of the following:
(a) Complying with an immigration detainer.
(b) Complying with a request from a federal immigration agency to notify the
agency before the release of a detainee in the custody of the law enforcement agency.
(c) Providing a federal immigration agency access to a detainee for interview.
(d) Participating in any program or agreement authorized under 8 U.S.C.
1357.
(e) Providing a federal immigration agency with a detainee's incarceration
status or release date.
(7) "State entity" means the state or any office, board, bureau, commission,
department, branch, division, or institution thereof, including state public colleges
and universities.

Legislative History

Acts 2024, No. 314, §1, eff. May 28, 2024.