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IMMIGRATION


IN LAWSUIT, MIGRANTS SAY DESANTIS FLIGHTS ‘CRUELTY AKIN TO WHAT THEY FLED IN’
VENEZUELA

By Bianca Padró Ocasio and

Lawrence Mower

Updated September 20, 2022 7:58 PM
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VENEZUELAN MIGRANTS DEPART FROM MARTHA'S VINEYARD

A group of 48 Venezuelan migrants leaves St. Andrews Episcopal Church on Friday,
Sept. 16, 2022, in Edgartown, Mass., on the island of Martha’s Vineyard. The
group was left stranded after being flown to the island from Texas earlier this
week. By Matias J. Ocner
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A group of 48 Venezuelan migrants leaves St. Andrews Episcopal Church on Friday,
Sept. 16, 2022, in Edgartown, Mass., on the island of Martha’s Vineyard. The
group was left stranded after being flown to the island from Texas earlier this
week. By Matias J. Ocner



Three of the nearly 50 migrants who were flown to Martha’s Vineyard last week by
the state of Florida are suing Gov. Ron DeSantis and other state officials,
alleging they were duped into traveling to an island in the northeast as part of
a scheme to benefit the governor’s political career.

The suit, filed in federal court in Massachusetts, alleges that DeSantis,
Florida’s Transportation Department secretary and others tricked migrants into
leaving Texas by offering them McDonald’s gift cards and other items to board
the flights, and by promising them assistance and employment. The lawsuit names
five other people as defendants, including a man and woman believed by attorneys
to have recruited migrants in San Antonio to board the planes.

The plaintiffs include three anonymous Venezuelan migrants and Alianza Americas,
a transnational organization that advocates on behalf of immigrants’ rights.



“These immigrants, who are pursuing the proper channels for lawful immigration
status in the United States, experienced cruelty akin to what they fled in their
home country,” the lawsuit alleges.

The three migrants, who asked the court Tuesday for permission to use
pseudonyms, say they suffered emotionally from the scheme. One woman claimed she
felt helpless and started crying when they landed in Martha’s Vineyard. She says
she and her 11-year-old son have needed mental health support — she has suffered
from lack of sleep and vertigo as a result.



READ THE LAWSUIT HERE

Another said he was promised free English classes, legal assistance and food if
he boarded the flight. A third said he was asked to sign a document that was not
completely translated into Spanish — and allegedly contained vital information
about liability and transport to Massachusetts — in order to receive a $10
McDonald’s gift card.

All three said that if they had known the offer was part of “a political ploy
that would thrust them into the national spotlight,” none would have taken the
flight.



“Defendants manipulated them, stripped them of their dignity, deprived them of
their liberty, bodily autonomy, due process, and equal protection under law, and
impermissibly interfered with the Federal Government’s exclusive control over
immigration in furtherance of an unlawful goal and a personal political agenda,”
the suit reads.


LAWSUIT CLAIMS MIGRANTS WERE ‘INTENTIONALLY SEQUESTERED’

The governor’s office did not immediately respond to a request for comment about
the lawsuit. A spokesperson for FDOT did not return a request for comment,
either.

But in a statement shared with other reporters, state communications director
Taryn Fenske said it was “opportunistic that activists would use illegal
immigrants for political theater.”



She also attached a form titled “OFFICIAL CONSENT TO TRANSPORT” that was
allegedly signed by migrants being transported to Martha’s Vineyard. In Spanish,
the form says the person who signs is consenting “voluntarily to be transported
by the benefactor and its representatives to places outside of the state of
Texas to sanctuary states.”



DeSantis, who is running for reelection and viewed as a potential presidential
candidate in 2024, has defended the program to move migrants across the country,
which he has described as a protest against President Joe Biden’s immigration
policies. Other Republican governors, in Texas and Arizona, have bused migrants
to cities like New York and Washington.



On Monday, DeSantis said the migrants sent to Martha’s Vineyard “were provided
an ability to be in the most posh sanctuary jurisdiction, maybe in the world.”

“They were hungry, homeless. They had no opportunity at all,” DeSantis said of
their situation in San Antonio.

The lawsuit alleges that the five unnamed defendants, which include alleged
recruiters who identified themselves to migrants as “Perla” and “Emanuel,” made
copies of the migrants’ immigration paperwork “so they could confirm that their
immigration status met the ultimate ends of their scheme.” Meanwhile, migrants
were put up in hotel rooms for days until enough people had agreed to board the
planes.



The lawsuit further claims that the defendants “intentionally sequestered the
class members” to prevent them from discussing the details of the trip with any
“true Good Samaritans” and so that they wouldn’t change their minds while they
waited.

The five unnamed defendants allegedly gave migrants’ phone numbers to call if
they had any questions about the trip. But the lawsuit says the group was
“suddenly nowhere to be found and unreachable by phone” when the planes landed
in Massachusetts.

The migrants are asking District Judge Allison D. Burroughs to declare that the
state violated the U.S. Constitution and broke federal and state laws by
tricking them and flying them across state lines. They are also asking for
compensatory, emotional distress, and punitive damages to the migrants and
attorneys’ fees.



Oren Sellstrom, the litigation director for Lawyers for Civil Rights, the
organization that filed the lawsuit, said the stories from migrants were
“heartbreaking.”

“The conduct by the Florida governor is not only morally repugnant but illegal
under the U.S. Constitution and federal statutes as well,” Sellstrom told the
Miami Herald. “The practice of fraudulently inducing vulnerable immigrants to
board planes and cross state lines through false promises violates core
constitutional provisions including deprivation of liberty and due process.”


UNANSWERED QUESTIONS FROM DESANTIS, FDOT

Last week, DeSantis denied that the people sent to Martha’s Vineyard had been
tricked. The private contractor hired by the Florida Department of
Transportation to carry out the program told them where they were going, he
said.



“The folks that are contracted [for the program], not only do the people give
them a release form to sign, they actually give them a packet, and in that
packet included a map of Martha’s Vineyard,” he said Friday. “So it was obvious
that that’s where they were going.”

DeSantis also pledged to spend “every penny” of the $12 million allocated in the
state budget to move migrants to other parts of the country.

But his administration has released almost no details about the program or last
week’s flights.



The state has made two payments worth a combined $1.56 million to a Destin-based
aviation vendor called Vertol Systems Company, but the Department of
Transportation has not released the contract with the company.

His spokespeople have left a number of questions unanswered about the program
from news outlets, including the Herald/Times.

State lawmakers, including Sen. Jeff Brandes, R-St. Petersburg, have also posed
questions to the state about whether the spending complies with the 2022 state
law creating the program. The law authorized $12 million — interest earned from
federal pandemic aid dollars — to be spent “to facilitate the transport of
unauthorized aliens from this state.”



The migrants sent to Martha’s Vineyard last week were in Texas and had not set
foot in Florida. DeSantis, who has spent the last year complaining about the
threat of migrants to Floridians, said on Friday that he couldn’t find any in
the state to deport.

Instead, he said the program was pivoting to “profile” migrants in other states
who say they want to come to Florida.

“What we’re trying to do is profile, ‘OK, who do you think is going to try to
get to Florida? And if they get in a car with two other people, there’s no way
we’re going to be able to detect that. So you’re trying to identify who’s most
likely to come.”



Miami Herald staff writer Nick Nehamas and Herald/Times staff writer Mary Ellen
Klas contributed to this report.

This story was originally published September 20, 2022 5:25 PM.




BIANCA PADRÓ OCASIO

twitter email phone 305-376-2649
Bianca Padró Ocasio is a political writer for the Miami Herald. She has been a
Florida journalist for four years, covering everything from crime and courts to
hurricanes and politics.




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