BATON ROUGE, La. — State Senator Valarie Hodges, (R)-Denham Springs, announced today that a new law she authored that is now in effect will make it possible for the state of Louisiana to prosecute illegal aliens who enter the state unlawfully. The law became effective August 1, 2026. It creates the new state crime of unlawful entry into the state by an alien, referring to a person who is not a citizen and is not a foreign national who is lawfully present in the United States.
“Homeland security begins here at home,” Sen. Hodges said. “Protecting Louisiana means securing our communities against every threat, whether it comes from violent criminals who are unlawfully present in our state, foreign adversaries seeking to exploit our critical infrastructure, or foreign terrorist organizations that threaten the safety and security of Louisianians. Louisiana will not wait for Washington to solve every problem before taking lawful action to protect its own citizens.”
Sen. Hodges originally authored Act 670 of the 2024 Regular Session which created the new crime, but held off making the law effective while waiting for a decision in a federal lawsuit over a similar Texas law that, while still being challenged, federal courts are currently allowing to be enforced. Sen. Hodges’ Act 764 from the 2026 Regular Session authorized the new Louisiana state crime to become law on August 1st. (La R.S. 14:112.11 – 112.14).
“Every government has a fundamental duty to protect its citizens,” Sen. Hodges said. “The people of Louisiana expect their state government to preserve public safety, uphold the rule of law, and protect our communities from preventable threats. This legislation fulfills that responsibility by giving Louisiana additional tools to address unlawful entry into our state.”
The new legislation carefully defines unlawful entry and unlawful reentry while preserving important legal protections. The law expressly recognizes affirmative defenses for individuals who are lawfully present in the United States or who have been granted asylum under federal law. It also exempts individuals who are victims or necessary witnesses of specified violent crimes, including domestic violence, rape, sexual assault, human trafficking, kidnapping, murder, and other serious offenses.
“Louisiana’s laws should protect innocent people while ensuring that those who knowingly violate our laws are held accountable,” Sen. Hodges said. “This legislation strikes that balance by protecting victims while reinforcing respect for the rule of law and the safety of our citizens.”
Sen. Hodges noted that the Legislature has taken significant steps over the past several years to strengthen Louisiana’s homeland security posture and to protect citizens from emerging national security threats, including those posed by foreign adversaries and foreign terrorist organizations.
“Public safety is not a partisan issue,” Senator Hodges concluded. “It is one of government’s most fundamental constitutional responsibilities. As of August 1, 2026, Louisiana now has stronger laws to help better safeguard our families, our communities, and our state. I appreciate my legislative colleagues, the governor, law enforcement officers, prosecutors, and the many Louisiana citizens who supported these efforts to make our state safer.”