Provides for liability for damages caused by an unauthorized alien

House Bill 837 enacts a new article in the Louisiana Civil Code establishing a specific liability regime for damages caused by persons unlawfully present in the United States. The bill creates Civil Code Article 2315.14, which defines "unauthorized alien" by reference to federal immigration law, specifically persons unlawfully present under the Immigration and Nationality Act codified at 8 U.S.C. 1101 et seq. The legislation permits courts to award exemplary damages in addition to general and special damages when an injured party proves that an unauthorized alien caused the damages. The statute applies not only to the unauthorized alien directly but also extends liability to that person's employer and statutory employer, creating a chain of potential defendants in civil actions arising from injuries caused by unauthorized aliens.

The practical effect of this legislation is to make damages awards more substantial in civil tort cases involving unauthorized aliens by adding a punitive component through exemplary damages. Injured plaintiffs in Louisiana will now have the opportunity to recover exemplary damages beyond compensatory awards when they can prove causation by an unauthorized alien. Employers and statutory employers of unauthorized aliens face enhanced exposure to civil liability, as they can be held responsible not merely for compensatory damages but also for exemplary damages even though they may not have directly caused the injury. This creates financial incentives for employers to verify the immigration status of employees and contractors or face potential amplified damages awards in civil litigation.

This provision operates within Louisiana's existing Civil Code framework governing delictual liability and damages awards. Louisiana Civil Code Article 2315 establishes the general principle that every act whatever of man that causes damage to another obliges the one by whose fault it happened to repair it. The new article interacts with existing jurisprudence on exemplary damages in Louisiana, which are traditionally awarded in cases involving gross negligence, wanton conduct, or intentional wrongdoing. By establishing a specific statutory basis for exemplary damages in cases involving unauthorized aliens, this bill creates a distinct category within delictual law. The statute incorporates federal immigration law definitions by reference, creating a point of intersection between state civil liability law and federal immigration enforcement, and may raise questions regarding the extent to which state tort law can create civil consequences based on immigration status.