The ACLU of Louisiana has dropped a federal lawsuit against Louisiana’s attorney general and superintendent of the Louisiana State Police that sought to protect immigrant advocates who provide counsel and advice during federal sweeps.
ACLU attorneys filed the lawsuit Dec. 3 in the Eastern District of Louisiana amid concerns voiced by plaintiff Immigration Services and Legal Advocacy (ISLA) that a new state law, Act 399, could subject ISLA members to felony charges and fines simply for advising those being targeted by federal agents during an operation called “Catahoula Crunch” in New Orleans.
“Plaintiff Immigration Services and Legal Advocacy … sues for violations of its constitutional First and Fourteenth Amendment rights,” the lawsuit stated. “ISLA is a legal-services organization that defends the rights of immigrant communities and advocates for just and humane immigration policy.”
After a court hearing last week, however, ACLU attorneys said the defendants all agreed that Act 399 applies only to physical obstructions of justice, particularly violent actions, rather than speech. Further, the law is geared toward individuals who physically attempt to stop law-enforcement officers from carrying out their duties, according to the Notice of Voluntary Dismissal the ACLU filed with the federal court.
“With the AG’s concession in hand, we’ve secured assurance that Act 399 will not target speech or protected First Amendment actions,” an ACLU of Louisiana statement emailed to the Louisiana Record says. “For that reason, we’re happy to announce that we are dismissing our lawsuit without prejudice.”
The state Attorney General’s Office, however, framed the lawsuit’s dismissal differently in a post on X, formerly Twitter.
“… The ACLU of Louisiana voluntarily dismissed its suit after it became clear in a court hearing (Thursday) that the suit was utterly frivolous,” Attorney General Liz Murrill said on the social media platform.
On Friday, Judge Nannette Jolivette Brown dismissed the case without prejudice, meaning that it can be refiled in the future.
In their lawsuit, ACLU attorneys said ISLA became concerned about “threats” issued by Murrill’s office in the wake of mid-November media articles indicating that the federal Department of Homeland Security would be launching a sweep targeting undocumented immigrants in south Louisiana at the end of 2025.
About 250 federal officers were expected to be involved in the operation, according to the legal complaint, and protests and community actions were later scheduled in and around New Orleans. Murrill warned citizens and elected officials about the consequences of interference with federal officials based on the provisions of Act 399, according to the lawsuit.
Moreover, the penalty for “obstruction of justice” can include “imprisonment with hard labor and thousands of dollars in fines,” the attorney general said.
As a result of such warnings, ISLA moved to stop providing “know your rights” advice (KYRs) to the New Orleans community on Nov. 18, according to the lawsuit. “It is ISLA’s view that the nonprofit cannot provide KYRs any longer because it has no idea how broadly Act 399 sweeps,” the lawsuit states.
The advocacy group then decided to bring the lawsuit as a way to challenge the state’s apparent encroachment of First Amendment rights, the plaintiff said.
