A bill authored by a state representative who is running for Congress would bar “unauthorized aliens” from filing civil lawsuits in Florida, a move that immigrant-rights advocates say is unconstitutional and would harm the integrity of the justice system.
Rep. Joel Rudman (R-Navarre) filed House Bill 71 on Dec. 27, but he withdrew the measure less than a week later because of his decision to run for the congressional seat previously held by Republican Matt Gaetz. Florida law requires state lawmakers to step down in order to run for Congress.
The bill defines “unauthorized alien” as a person who is unlawfully residing in the United States based on the provisions of the U.S. Immigration and Nationality Act. It simply states that such aliens “may not commence a civil action” after the bill’s effective date on July 1.
It’s unclear if another lawmaker will now take up the measure and work to advance it through the two houses of the state Legislature and onto the governor’s desk. But among the groups opposing HB 71 is the Florida Immigrant Coalition, which said in a statement that the measure violates guarantees of equal justice to residents regardless of their immigration status.
Rudman said on social media that the bill would prevent undocumented residents from using the civil courts as a "cash cow."
“State Rep. Joel Rudman’s proposed bill to bar ‘unauthorized aliens’ from filing civil lawsuits in Florida courts is a direct assault on constitutional protections and the foundational principles of justice in this country,” the coalition said in a statement emailed to the Florida Record. “By attempting to deny due-process rights guaranteed under the 14th Amendment, this legislation seeks to exploit legal loopholes to discriminate against some of the most vulnerable members of our society.”
If passed by lawmakers and signed by Gov. Ron DeSantis, HB 71 would create a two-tiered justice system that will deny undocumented individuals protection under the law, according to the coalition.
Courts across the nation, including the U.S. Supreme Court, have affirmed that undocumented people possess such rights, the coalition statement says. Removing such rights would only encourage the exploitation of immigrants, according to the coalition.
“By barring human beings who are met with violence or a crime in our state who are also without regulated immigration status from accessing the courts, this legislation would embolden bad actors – employers, landlords and others – to exploit, abuse or discriminate against vulnerable individuals without fear of accountability,” the statement says.
Enacting such a law could also lead to the erosion of civil rights of other groups, immigrant advocates say.
“The principle of equal protection cannot be selectively applied without undermining its very purpose,” the coalition’s statement says.
And if immigrants are hampered from reporting abuses that involve public safety issues and workplace conditions, the result can be a destabilization of society, supporters of immigrant rights say.
If such a measure were in place in 2022, immigrants may have been prevented from filing a class-action lawsuit over Florida’s funding of a charter flight of about 50 migrants, mostly Venezuelans, from Texas to Massachusetts in protest of the Biden administration’s immigration policies.
The Florida Immigrant Coalition is now urging state lawmakers to reject HB 71.
“The Legislature must focus on creating policies that unite and uplift all Floridians, rather than advancing divisive measures that erode trust, justice and the rule of law,” the coalition’s statement says.