§ 49:216 — Interstate compact for border security; deterence of unlawful entry into this state;

NOTE: §216 eff. when certain contingencies are met. See Acts 2024, No. 670.
§216. Interstate compact for border security; deterence of unlawful entry into this state;
procedures; assistance; approval; purposes; legislative findings
A. This Section shall be known and may be cited as the "Interstate Compact for
Border Security Act".
B. The purpose of this compact is to deter unlawful entry and unlawful reentry into
this state by an alien, as defined by R.S. 14:112.11, and to join with other states in mutual
assistance in order for border states to control the influx with respect to illegal immigration
that consequentially threatens the safety and security of Louisiana citizens.
C. The legislature finds all of the following:
(1) In 2024, an executive order was issued by Governor Jeff Landry, JML 24-05,
entitled "Identifying, Qualifying, and Mitigating the Adverse Effects of Illegal Immigration
on Louisiana" and provided findings, as follows:
(a) "[I]llegal entry and reentry to the United States, as well as the encouragement
and inducement of illegal entry and transportation of illegal aliens within the United States,
are criminal offenses under federal law, and those who aid and abet these offenses also
commit a criminal act".
(b) "[T]he United States Supreme Court has recognized States 'bear[] many of the
consequences of unlawful immigration.' Arizona v. United States, 567 U.S. 387, 397 (2012)".
(c) As a result of the federal government's "non-enforcement policies, large numbers
of aliens who commit subsequent crimes are [being] released into communities across the
United States," including Louisiana, "rather than being detained or removed, allowing these
criminal aliens to commit additional crimes and increase the number of victims".
(d) "[S]tates are financially burdened by the cost of incarcerating illegal aliens in
their prison systems. Although the U.S. Department of Justice provides limited funding to
the states to offset some of these costs...reimbursements are usually less than one percent of
the total cost of incarcerating aliens, leaving the states", including Louisiana, "to pay the
balance".
(e) "Article I, Section 1 of the Louisiana Constitution declares that government is
instituted by the people 'to protect the rights of the individual and for the good of the whole.
Its only legitimate ends are to secure justice for all, preserve peace, protect the rights, and
promote the happiness and general welfare of the people'".
(2) In his executive order, the governor directed that the head of every executive
branch agency, department, office, commission, board, or entity of the state of Louisiana
shall review the expenditures of public funds directly or indirectly to, or for the benefit of,
illegal aliens.
(3) In the 2024 Second Extraordinary Session of the Louisiana Legislature, the
legislature appropriated funds and the governor issued an executive order to deploy the
Louisiana National Guard to assist the state of Texas in securing the southern border of the
United States of America to curb the invasion by illegal immigrants at the international
border in South Texas.
(4) The economic and human costs borne by the taxpayers and citizens of Louisiana
include all of the following:
(a) Increased violent crimes are being committed against Louisiana citizens by
illegal immigrants. Each murder committed by an illegal alien is one hundred percent
preventable if that illegal alien had been barred from entering the state by the federal
government, which has been derelict in its duty to enforce immigration laws.
(b) Schools and school teachers have been overburdened by the unfunded mandates
forced on Louisiana schools by the federal government. The letter grades for certain school
districts have been substantially lowered due to school overcrowding, the lack of certified
teachers who are bilingual, and the lack of a local tax base needed to pay the bilingual
teachers even if they were available.
D. The governor, with the legal assistance of the attorney general, is hereby
authorized to negotiate and assist the state of Texas in an interstate compact for border
security among interested states with the governor of the state of Texas in securing the
southern border of the United States of America.
E. Any interstate compact that may be developed and executed under the authority
of this Section shall, in order to take effect, represent a voluntary association of sovereign
states of this United States of America, with the understanding that any such interstate
compact shall not in any way increase the political authority of the compacting states in
relation to the federal government or in any other manner that violates the Constitution of
the United States of America.
F. The interstate compact authorized by this Section shall provide for joint action
among the states that participate in the compact to pursue all security priorities, as follows:
(1) Sharing of law enforcement intelligence on illegal activity occurring at or in
proximity to the United States-Mexico border.
(2) Sharing of state resources in order to build physical barriers, comprehensive
technological surveillance systems, or combinations of barriers and surveillance systems on
state property for the purposes of deterring and detecting illegal activity at or in proximity
to the United States-Mexico border.
(3) Sharing of other law enforcement resources to ensure the protection of personnel
and property of citizens of the states participating in the compact.
G. Once the governor, with the assistance of the attorney general, negotiates and
assists the governor of the state of Texas with preparation and finalization of the compact
to secure the United States-Mexico border, the governor shall promptly submit the Interstate
Compact for Border Security to the legislature for approval and the appropriation of
necessary funds to fulfill the purposes provided for in Subsection F of this Section.

Legislative History

Acts 2024, No. 670, §2, See Act.