Outgoing state legislator files bill to block immigrants who are in Florida illegally from filing lawsuits

This is Navarre Rep. Joel Rudman's second attempt at passing the "Cassie Carli Law." Image via Florida House.

People in Florida today, regardless of their immigration status, have a right to seek civil action under the 14th Amendment’s “due process” clause. That could change under a new proposal from outgoing state Rep. Joel Rudman.

Rudman, a Navarre Republican who is leaving office to run for Congress, just filed legislation (HB 71) to ban any “unauthorized alien” from filing a lawsuit in Florida.

If approved, the measure would take effect July 1.

Rudman told Florida Politics his measure would not affect criminal matters, for which everyone — whether they entered Florida legally or not — would have equal rights and protection. But the bill would help to discourage undocumented immigrants from coming to the Sunshine State, he added, while also making Florida’s lawsuit-related statutes square with the first hurdle of civil actions.

“Before you go before any court of law, the first thing they have to determine is whether you have legal standing to file your case. If your entire premise for being in this country is built upon illegality, then it’s impossible for you to have legal standing,” he said.

“This is really a novel approach to disincentivizing illegal migration. You’re serving notice that, hey, if you come to Florida illegally, you will not have these luxuries.”

Rudman said HB 71, which does not yet have a Senate companion, is “dedicated” to two of his closest female friends. One is his wife, Sophie, who went through an involved process to legally immigrate to the United States more than three decades ago.

The other is Jacksonville Republican state Rep. Kiyan Michael, whose son, Brandon, was killed in a car crash with an undocumented immigrant in 2007. Michael highlighted the tragedy in a 2022 campaign ad.

“There is a legal process, and it’s not an easy process, so it’s extremely insulting to people like my wife and the hundreds of thousands of other legal immigrants to see people basically abuse the system and have these rights and privileges granted to them,” Rudman said. “And for people like Rep. Michael and her family, I want to do something for the victims and make it where we take away these incentives.”

Rudman said he hopes Michael or Seminole Republican Rep. Berny Jacques, who immigrated to Florida from Haiti, will carry his bill after he leaves office.

HB 71 comes as lawyers representing undocumented immigrants continue to pursue a class-action lawsuit against Gov. Ron DeSantis and other defendants over Florida’s controversial migrant flights program that began in 2022.

Attorneys for DeSantis, his Chief of Staff, James Uthmeier, and a public safety adviser, Lawrence Keefe, have argued the suit should be dismissed because the plaintiffs failed to “state plausible claims for relief.” They made no mention of legal standing.

The measure also comes as Floridians face many other issues, including rising property insurance rates and housing costs, that lawmakers should focus on instead, said Thomas Kennedy, a spokesperson for the Florida Immigrant Coalition.

“This is just another unconstitutional bill meant to distract from the failure by the state Legislature to deal with basic pocketbook issues, like the property insurance and HOA fee crisis that is impacting renters and homeowners in the state,” he told Florida Politics by text. “This is going to further exacerbate worker shortages that the state’s own Office of Economic and Demographic research acknowledges are acute by once again picking on some of the hardest working people in Florida.”

Asked whether he was concerned about HB 71 running afoul of the 14th Amendment, Rudman said no.

“We should be fine,” he said. “I’m not afraid of any potential court challenge.”

The 2025 Legislative Session commences March 4 and runs through May 2.