'We must take action': Red state risks legal showdown with Biden DOJ over this key issue

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An immigration bill that would allow local police to arrest illegal immigrants is heading to the desk of Louisiana’s governor, bringing a potential legal showdown with the Biden administration another step closer.

Senate Bill 388, authored by GOP state Sen. Valarie Hodges, was given final approval by the state’s upper chamber on Tuesday after a series of amendments. It now heads to the desk of Gov. Jeff Landry’s, who is expected to sign the bill.

The bill makes it a crime for an illegal immigrant to enter or re-enter the state after having been deported. Violating the law is punishable by imprisonment of up to a year and a fine of up to $4,000.

RED STATE AG PUSHES BACK AGAINST BIDEN IMMIGRATION LAWSUIT: ‘WE’RE HAPPY TO FIGHT YOU' 

US Attorney General Merrick Garland speaks during a meeting with US Attorney Damian Williams, not pictured, as well as federal, state, and local law enforcement leaders, in New York City on November 27, 2023.  (EDUARDO MUNOZ/POOL/AFP via Getty Images)

Louisiana's governor would also be authorized to create an interstate compact with Texas to help control the "influx with respect to illegal immigration that consequently threatens the safety and security of Louisiana citizens."

Hodges, who is also a founding member of the Louisiana Freedom Caucus, said she was confident that the governor would sign the bill and said she has been working with his staff on the issue.

"I'm excited about it because what we're doing is standing and trying to protect our citizens of Louisiana and stand with Texas," she told Fox News Digital in an interview on Tuesday. 

Migrants at the front of the line are processed for entry by U.S. Customs and Border Protection. (Jon Michael Raasch/Fox News Digital)

"It's unfortunate that we're having to do this, but if the federal government is not going to do it, then we must take action. That's what we're doing through this bill," she said.

She said that one of the main catalysts for the bill is the national security concern related to the border, and she noted recent instances of migrants entering military bases.

"We've got to close the border and we don't have any time to waste," she said.

BIDEN'S DOJ THREATENS ANOTHER GOP STATE WITH LAWSUIT OVER ANTI-ILLEGAL IMMIGRATION EFFORTS

The law could soon attract another lawsuit from the Biden administration. 

So far, the administration has sued Texas, Oklahoma and Iowa in recent months over their immigration laws. The most recent lawsuit came earlier this month against Oklahoma’s law, due to go into effect in July.

"We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration," Principal Deputy Assistant Attorney General Brian Boynton said in a statement.

CLICK HERE FOR MORE COVERAGE OF THE BORDER SECURITY CRISIS

Then-Louisiana AG Jeff Landry speaks at CPAC Texas 2022 conference at Hilton Anatole. (Radin/Pacific Press/LightRocket via Getty Images)

He said in a letter to Oklahoma officials that Congress has implemented a "comprehensive scheme governing noncitizens’ entry and reentry into the United States, including penalties for unlawful entry and reentry."

"HB 4156, however, seeks to create a separate state immigration scheme by imposing state criminal penalties for violating the federal prohibitions on unlawful entry and reentry. HB 4156 therefore intrudes into a field that is occupied by the federal government and is preempted," he said.

ANOTHER RED STATE MOVES A STEP CLOSER TO ENACTING TEXAS-STYLE ANTI-ILLEGAL IMMIGRATION BILL

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But Republicans have claimed they have to step in amid an ongoing crisis at the southern border which has directly impacted their states. They say the Biden administration has not been doing enough to combat that threat.

"I would say to the Biden administration, bring your fight to Oklahoma. We're happy to fight you," Attorney General Gentner Drummond told Fox News Digital last week.

The Louisiana attorney general also told Fox News Digital this month that it is ready to protect the state if the administration sues the state.

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"We’re following the bill as it moves through the Legislature," Lester Duhe, press secretary of Attorney General Liz Murrill said. "The Attorney General is committed to protecting the people of Louisiana from the dangers of illegal immigration, caused by Joe Biden’s open border policies."