By Staff Legal Analyst

A Growing Constitutional Conflict

Louisiana now faces a serious constitutional conflict. ICE’s recent actions in New Orleans raise basic questions about the limits of federal and state power. More importantly, they force cities and police departments to choose between state law, political pressure and established law. As the situation unfolds, one point becomes clear: ICE’s demands collide with core constitutional protections. And Louisiana is pushing illegal laws onto its’ people.

Fourth Amendment Problems Are Immediate

The first problem is the Fourth Amendment. It protects people from unreasonable searches and seizures. It also requires officers to meet clear standards before they can take action. For example, they must show reasonable suspicion before stopping someone. They must show probable cause before searching someone. And they must obtain a judge’s warrant before entering a home.

However, ICE uses administrative warrants, which are documents the agency signs itself. These papers do not come from a judge. They do not include neutral oversight. And they do not meet the Fourth Amendment’s standards. Because of this, local police cannot legally act on them. If a department detains a person based only on ICE’s request, that detention risks violating federal civil rights law.

As a result, NOPD rejected ICE’s request. The department followed the Constitution, not politics.

Civil Law Cannot Be Enforced Like Criminal Law

Another issue is the nature of immigration law itself. Immigration violations are civil matters. They do not count as criminal offenses. Since local police enforce criminal law, they cannot detain someone for a civil violation. They also cannot help ICE enforce civil law without a judge’s warrant.

This distinction matters. It draws a legal line that safeguards individual rights. And it ensures local police do not act outside their lawful authority. Because immigration falls into the civil category, NOPD acted correctly when it refused to hold people for ICE.

The Tenth Amendment Blocks State Mandates

The conflict deepens when ACT 399 enters the picture. The law attempts to force local police to participate in federal immigration enforcement. Yet the Constitution limits what federal and state governments can demand from local officers. The Tenth Amendment plays a central role here. It prevents federal agencies from “commandeering” state or local resources.

The U.S. Supreme Court has reaffirmed this rule several times. In Printz v. United States, the Court ruled that the federal government cannot force local police to carry out federal programs. In New York v. United States, the Court blocked federal attempts to direct state action. And in Murphy v. NCAA, the Court held that Congress cannot order states to enforce federal rules.

Because of these decisions, ACT 399 faces a major constitutional problem. It attempts to require local officers to perform duties that belong to the federal government alone. A state cannot order what the federal government itself cannot mandate.

New Orleans Is Following the Law

Louisiana AG Liz Murrill claims New Orleans is resisting lawful authority. That claim does not survive legal review. In fact, the city is doing the opposite. It is respecting constitutional limits. It is following clear case law. And it is refusing to expose residents to unlawful detention.

New Orleans is not rejecting safety. Instead, it is refusing to follow orders that violate the Constitution.

Oversight Cannot Become a Crime

ACT 399 creates another issue. It discourages the public from watching or recording ICE activity. Oversight is essential in a democracy. Without it, government actions move into the shadows. When a law threatens residents for observing officers, the risk of abuse increases. Transparency becomes harder, and accountability fades. This violates everybody’s 1st Amendment rights to free speech.

Why This Legal Battle Matters

This legal conflict extends beyond immigration. It tests how far governments can stretch their power. If ICE can bypass the Fourth Amendment, then other agencies might try the same tactic. If ACT 399 stands, states might order local police to enforce any federal program. That shift would weaken constitutional protections for everyone.

The Constitution draws limits to protect the public. New Orleans is choosing to honor those limits. Louisiana should consider doing the same.