Orlando Sentinel

DeSantis asks federal judge to toss out migrant flights suit

- By Jim Saunders

TALLAHASSE­E — Gov. Ron DeSantis’ administra­tion on Tuesday argued that a Massachuse­tts federal judge should toss out a potential class-action lawsuit filed after Florida flew 49 migrants from Texas to Martha’s Vineyard in September.

Attorneys for DeSantis, other state officials and the Florida Department of Transporta­tion contended that the lawsuit should be rejected for a series of reasons. The lawsuit alleges that the flights were unconstitu­tional and violated federal laws.

“Plaintiffs obviously disagree with Florida’s policies and political leaders,” the state’s attorneys wrote in a memorandum of law. “But those disagreeme­nts are no substitute for asserting plausible facts or viable legal theories, or for overcoming fatal jurisdicti­onal and immunity obstacles. They are also not a valid legal basis for hauling Florida, one of its agencies, the head of its executive branch and three other state officials into a Massachuse­tts courtroom.”

The state’s attorneys also

argued that part of the case is “moot” because of a law that the Republican-controlled Legislatur­e passed during a February special session. That law created a migrant-transporta­tion program and repealed a disputed part of the state budget that was used to pay for the September flights.

The lawsuit, filed in September and revised in November, named as plaintiffs three Venezuelan migrants who were on the flights and the non-profit group Alianza Americas. In part, it alleged that the flights violated constituti­onal due-process and equal-protection rights —

and were a “perverse photo opportunit­y” intended to help DeSantis politicall­y.

“Defendants preyed upon class plaintiffs, exploiting them in a scheme to boost the national profile of defendant DeSantis and manipulate them for political ends,” the revised version of the lawsuit said. “Defendants knew or should have known that class plaintiffs were vulnerable and destitute, having crossed the U.S. border with Mexico with little to no money or possession­s and without concrete prospects of employment. Defendants knew or should have known that these immigrants would be particular­ly desperate for humanitari­an aid.”

The DeSantis administra­tion paid $615,000 to Vertol Systems Company Inc. to fly the migrants Sept. 14 from San Antonio, Texas, to Martha’s Vineyard, with a brief stop in the Northwest Florida community of Crestview. The flights, which sparked a national controvers­y, came as DeSantis frequently criticizes federal border policies and is widely expected to run for the White House in 2024.

The lawsuit alleges that state officials and an organizer, Perla Huerta, deceived the migrants into getting on the flights. Along with arguing that the migrants’ rights were violated, it raises issues such as whether the state violated the U.S. Constituti­on’s Supremacy Clause because immigratio­n is a federal issue.

It seeks damages and an injunction to prevent the state from “inducing immigrants to travel across state lines by fraud and misreprese­ntation.”

But in Tuesday’s filing, the DeSantis administra­tion argued that the program was designed to “mitigate the negative effects of the migrant ‘surge’ on the state.”

“States and localities governed by both political parties are facilitati­ng the transport of migrants throughout the United States,” the document said. “Private organizati­ons are doing it too. The reason these programs have bipartisan support is simple: There is an ongoing, national migrant crisis that is overwhelmi­ng the resources of certain states and localities, often resulting in squalid conditions for the migrants.”

The state’s attorneys also wrote that a Massachuse­tts federal court should not have jurisdicti­on over the case. Also Tuesday, the defendants filed a motion to transfer the case to the federal Northern District of Florida.

“To be sure, the planes landed in Massachuse­tts,” the memorandum of law said. “But plaintiffs’ claims all arose before the plane touched down.”

 ?? FILE ?? Two charter flights from Kelly Field in San Antonio, Texas, carried 49 migrants to Martha’s Vineyard, Massachuse­tts, in September.
FILE Two charter flights from Kelly Field in San Antonio, Texas, carried 49 migrants to Martha’s Vineyard, Massachuse­tts, in September.

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