Driving Without a License in Louisiana Is How Many Families End Up in ICE Custody

A man drives to work on Airline Highway the same way he has for eleven years. His taillight is out. The officer asks for a license and he does not have one, because Louisiana would not give him one. By the end of the week he is in a detention center in central Louisiana, and his wife is trying to figure out how to pick up the children and pay the rent on one income.

This is not a rare story in our office. It is one of the ways people who have lived quietly in Louisiana for years can end up in removal proceedings. This post is about the stop itself, before any hold or detainer exists, because that is the moment families can still prepare for.

Why So Many People Are Driving Without a License

Louisiana law generally requires a person applying for a driver’s license to be a U.S. citizen or an alien lawfully present in the United States. Under La. R.S. 32:414.6, the Office of Motor Vehicles may not issue a driver’s license or state identification card to someone who is neither a U.S. citizen nor lawfully present in the United States.

That means an undocumented Louisiana resident generally cannot obtain a regular Louisiana driver’s license simply based on having lived, worked, paid taxes, or driven safely in the state. Louisiana does not currently provide a separate driver’s license or driving privilege card specifically for undocumented residents.

That leaves families with a hard choice, and many drive anyway because transportation may be necessary to get to work, take children to school, or handle everyday responsibilities.

What Happens at the Stop

Louisiana law prohibits driving on a state highway without having been issued the required driver’s license. Depending on the circumstances of the stop and the law enforcement response, a person may receive a citation or may be taken into custody.

The difference between those outcomes can be enormous for someone without lawful immigration status. Once a person is booked into a jail, identification and booking information can create contact with federal immigration authorities. If ICE issues an immigration detainer, Louisiana law requires law enforcement agencies that have custody of the detainee to record the detainer and comply with its requests.

Louisiana strengthened this cooperation in 2024. Under La. R.S. 33:81 through 84, state and local law enforcement agencies are required to support federal immigration enforcement in specified circumstances, and parish correctional facilities must have agreements with federal immigration authorities for temporarily housing people subject to immigration detainers.

That means even a local arrest can create immigration consequences that extend far beyond the original traffic stop.

What to Say, and What Not to Do

Do not give an officer a false name or false identifying information.

Never present a fake license, a borrowed license, or a document that belongs to someone else. False information or fraudulent documents can create additional criminal charges and potentially serious immigration consequences. A false claim to U.S. citizenship can also have severe immigration consequences.

Louisiana law allows an officer who lawfully stops a person based on reasonable suspicion of criminal activity to demand the person’s name, address, and an explanation of their actions. During a traffic stop, the driver must also comply with the legal requirements associated with operating a vehicle. The rules can be different for passengers depending on whether the officer has a lawful basis to separately detain or question them.

You generally do not have to volunteer answers to questions about where you were born, how you entered the country, or your immigration status. You can say that you want to remain silent and speak with a lawyer.

Do not sign immigration documents you do not understand, especially after being transferred to immigration custody. Some documents can affect the right to appear before an immigration judge or seek immigration relief.

Do not physically resist, argue, or run. Legal challenges to the stop, arrest, search, or immigration case should be handled through the legal process.

The Traffic Charge Itself

Driving without a valid license does not automatically make someone deportable under federal immigration law. But the traffic stop can expose an undocumented person to immigration enforcement, particularly if the stop results in an arrest and booking.

The details also matter when a traffic stop involves additional allegations such as DWI, drugs, false identification, resisting an officer, or another criminal offense. How those charges are resolved can affect both the criminal and immigration cases.

For a noncitizen, a traffic or criminal charge should be reviewed with the immigration consequences in mind before entering a plea.

A Plan Every Family Should Have

Families in this situation should prepare before anyone is stopped.

Keep copies of immigration documents, passports, birth certificates, and prior court papers in a place a trusted person can access.

Write down the full name, date of birth, and A-Number, if one exists, of every family member who could potentially be detained.

Decide in advance who could care for the children if a parent is detained. Louisiana provides a process called Provisional Custody by Mandate under La. R.S. 9:951 through 954. It allows a person with parental authority to temporarily delegate custody of a child to another person through a written mandate. The statutory form provides authority that can include decisions concerning the child’s health, education, and welfare. The mandate may remain effective for up to one year, although it can be made for a shorter period.

Keep emergency funds available when possible. Detention, transportation, bond when available, and legal representation can create unexpected expenses.

Save our number, 225-341-6945, somewhere trusted family members can find it quickly.

If Someone Was Just Stopped

The period immediately after an arrest can matter, especially if the person is booked into a parish jail and immigration authorities become involved.

Call us at 225-341-6945. We handle criminal defense and immigration matters in the same office, and when an arrest creates immigration consequences, both sides of the case need to be considered together.