Section 14:112.21 - [See Note] DefinitionsFor 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 either:(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".Added by Acts 2024, No. 670,s. 1, eff. .Acts 2024, No. 670,s. 4 provides: The provisions of this Section and Section 1 shall take effect on and become effective immediately upon, and to the extent permitted, by the occurrence of any of the following circumstances:(A) Any decision of the Supreme Court of the United States in the case of United States v. Texas, Docket No. 23A814, which affirms the Act which originated as Texas Senate Bill No. 4 of the 2023 88th Legislature Fourth Called Legislative Session of the Texas Legislature, which enacted Texas Penal Code Section 51.01 et seq, entitled "Illegal Entry Into the State", that recognizes the right of states to protect their citizens of their respective states when "actually invaded, or in such imminent Danger as will not admit delay", pursuant to Article 1, Section 10 of the Constitution of the United States of America.(B) Adoption of an amendment to the Constitution of the United States of America that, in whole or in part, restores or increases the authority of the state of Louisiana to prohibit or limit the unlawful entry or reentry by an alien without lawful presence in this state should the Supreme Court of the United States fail to affirm the provisions of Subsection A of this Section.