National Latino & Voting Rights Organizations File Lawsuit Against Florida's “Racist and Unconstitutional” Law Excluding Immigrants from Civic Participation
Poder Latinx, LatinoJustice PRLDEF, and Dēmos Challenge HB 1205
Orlando, FL — Voting and immigrants’ rights advocates intervened in a lawsuit today in Florida Decides Healthcare INC, et al., v Cord Byrd, et al., in the United States District Court in Northern District of Florida Tallahassee Division challenging the non-citizen provision of Florida House Bill 1205 (HB 1205), which prohibits non-citizens from collecting signatures for citizen-led ballot initiatives.
LatinoJustice PRLDEF and co-counsel Dēmos are representing Poder Latinx, a grassroots organization that seeks to engage and empower Latino communities and wishes to support a statewide campaign to expand Medicaid access in Florida. Co-Counsel also represents two lawful permanent residents who wish to serve as petition circulators.
“Yet again Florida lawmakers are forcing our clients to stop them from excluding immigrant communities from civic participation,” said Miranda Galindo, Supervising Counsel at LatinoJustice PRLDEF. “Non-citizen bans are anti-Latino and weaponize immigration status to silence engaged community members. This lawsuit defends their fundamental right to help shape our communities.”
This legal action builds on a recent successful challenge to a similar non-citizen provision in Florida Senate Bill 7050, which barred non-citizens from assisting with voter registration efforts. In that case, a federal court found that the state’s justifications for targeting lawful permanent residents were insufficient, and violated Equal Protection guarantees.
“HB 1205 is a blatant attack on our immigrant communities,” said Yadira Sánchez, Executive Director of Poder Latinx. “Some of the most committed organizers in our movement are Latino immigrants, and this law tells them they can’t even gather signatures to help improve their own communities. That’s not just discriminatory—it’s a direct threat to civic engagement and grassroots democracy in Florida. We won’t allow the state to silence the voices of immigrants who are leading the fight for a better future."
“Florida’s new law banning noncitizens from collecting signatures for ballot initiatives is blatantly discriminatory and unconstitutional,” said Phi Nguyen, Director of Democracy at Dēmos. “Ballot initiatives are a crucial way for Floridians to drive change for their communities, and all residents, citizen or not, should have opportunities to participate in civic life.”
The lawsuit alleges that HB 1205 unfairly targets non-citizens, which goes against the Equal Protection Clause of the 14th Amendment. It also points out that “there's no good reason to believe non-citizens are any less trustworthy or capable than citizens when it comes to gathering petition signatures." A similar claim that lawful permanent residents are less connected to the U.S. and more likely to leave was already dismissed in a previous court ruling in SB 7050.
While other lawsuits have also been filed against HB 1205, plaintiffs mention that this lawsuit centers Latino voices in challenging HB 1205’s non-citizen ban because this is a Latino issue.
The lawsuit asks the court to permanently block the provision. A hearing will be scheduled in the following months.
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About LatinoJustice
LatinoJustice PRLDEF works to create a more just society by using and challenging the rule of law to secure transformative, equitable and accessible justice, by empowering our community and by fostering leadership through advocacy and education. For over 50 years, LatinoJustice PRLDEF has acted as an advocate against injustices throughout the country. To learn more about LatinoJustice, visit www.LatinoJustice.org
About Poder Latinx:
Poder Latinx is a nonpartisan nonprofit organization dedicated to empowering the Latinx community through voter registration, civic education, and leadership development. Our mission is to foster active participation and leadership within the Latinx community to ensure a better future for all.
About Dēmos:
Dēmos is a non-profit public policy organization working to build a just, inclusive, multiracial democracy and economy. We work hand in hand to build power with and for Black and brown communities, forging strategic alliances with grassroots and state-based organizations.