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88 Tul. L. Rev. 161 (2013-2014)

handle is hein.journals/tulr88 and id is 173 raw text is: This Is Not the System Congress Created: Rethinking Louisiana's Immigration Law After Arizona v United States Annalisa Cravens* Arzona & infamous mmigration law of2010gamerednational attention and prompted a lawsuit by the federal government. Many consideredit to be the harshest ofits kind in any state, but Louisiana had crafted a law years earler that targeted immigrants on the roads and criinmalized their status. Louisiana s alien ddving law disguised as a rational exercise of the states police power survived numerous court challenges. The legal landscape of state immigration laws, however, changed with the United States Supreme Courth decision in Arizona v. United States, which strengthened the fore of federal preemption of irmigration law T his Comment explores the constitutionality ofLouisiana & alien ddvig law both under an Arizona analysis andindependent ofit. It argues that Louisiana s lawis unconstitutional not only because of federal preemption, but also because it violates dividual nghts It concludes that courts should be mindful to staike down state immigation laws on both grounds, lest we find ourselves with Arizona or Louisiana-style legislation becoming part of the system Congress creates. I. INTRODUCTION .................... ........................ 162 II. THE FEDERAL GOVERNMENT'S HISTORICAL CONTROL OVER IMMIGRATION ....................................... 164 III. FROM TERRORISM TO IMMIGRATION: THE PASSAGE AND EVOLUTION OF LOuISlANA'S ALIEN DRIVING LAW.....................168 IV LOUISIANA CIRCUIT COURTS OF APPEAL ENCOUNTER THE ALIEN DRIVING LAW ...................................... 170 V VIEWING LOUISIANA S ALIEN DRIVING LAW THROUGH THE LENS OF ARIZONA V UNYTED STATES....... . ......... 174 A. SB. 1070 Secdon 3 State Misdemeanor forAlien Registradon Noncompliance .................... 176 B. SB. 1070 Section 5(C): CrknkalihzingAlien Employment... ............................. 178 C SB. 1070 Section 6 State Police Arresting Immigrants Without Wamnts .................. 180 * 0 2013 Annalisa Cravens. J.D./M.A. candidate 2014, Latin American Studies, Tulane University; B.A. 2010, Tulane University. This Comment is dedicated to the undocumented workers who helped rebuild New Orleans. The author would like to thank Professor Catherine Hancock for her thoughtful feedback, Chad Ikerd for his guidance, and the editors and staff of the Tulane Law Review. 161

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