On DeSantis' outrageous actions toward migrants and in support of the Crist–Hernández ticket

September 25, 2022

Sep 25, 2022

On September 14, 2022, Governor Ron DeSantis' administration flew 50 migrants from Texas to Florida, and then to Martha's Vineyard, in Massachusetts. Many of these migrants endured a grueling journey from Venezuela, seeing others die on treacherous terrain and even enduring torture by drug cartels in Mexico, such as Mr. Pedro Luis Torrealba, age 37, as reported on by Ray Sanchez of CNN.

The migrants were relocated by Vertol Systems Company, Inc., a company that has donated heavily to Republicans and was legally represented by Rep. Matt Gaetz in the past. Vertol Systems was awarded a $12 million contract and received $615,000 on September 8 for their initial work—a staggering cost of $12,300 per person. Evidence has emerged suggesting that the migrants were recruited by subterfuge, including phony literature promising jobs and public benefits that do not exist. This presents substantial civil and criminal exposure for Governor Ron DeSantis and his accomplices.

Beyond this, the law authorizing the migrant relocation program does not allow what the DeSantis administration has done. Specifically, this program was included in The General Appropriations Act of 2022, passed by the Florida legislature with bipartisan support, and the text of the relevant section is as follows [emphasis added in 5 places]:

SECTION 185. From the interest earnings associated with the federal Coronavirus State Fiscal Recovery Fund (Public Law 117-2), the nonrecurring sum of $12,000,000 from the General Revenue Fund is appropriated to the Department of Transportation for Fiscal Year 2021-2022, for implementing a program to facilitate the transport of unauthorized aliens from this state consistent with federal law. The department may, upon the receipt of at least two quotes, negotiate and enter into contracts with private parties, including common carriers, to implement the program. The department may enter into agreements with any applicable federal agency to implement the program. The term "unauthorized alien" means a person who is unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The term shall be interpreted consistently with any applicable federal statutes, rules, or regulations. The unexpended balance of funds appropriated to the department in this section remaining as of June 30, 2022, shall revert and is appropriated for Fiscal Year 2022-2023 to the department for the same purpose. This section shall take effect upon becoming a law.

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Spokespersons for DeSantis have derided Democrats, such as Senator Jason Pizzo who is now suing the administration, for having voted in favor of the appropriations bill that included this text. But, it should be noted that the bill was the state's annual budget allocating tens of billions of dollars, that the text in no way requires this outrageous and quite possibly illegal implementation, and that DeSantis himself is bestowed the authority of line-item veto according to the Florida Constitution and vetoed a record-breaking $3.1 billion of other appropriations from the very same bill. Members of the Florida House of Representatives and Florida Senate, at the conclusion of debate, must cast a vote on the whole package, without the possibility of vetoing particular sections.

Regarding legality, without even considering the issue of recruiting migrants by subterfuge, the migrant flights present at least 3 other legal problems. One is that most or all of the migrants who were relocated to Martha's Vineyard were not "unauthorized aliens," but in fact lawful aliens, seeking asylum consistent with federal statutes, rules, or regulations. Second, "this state" refers to Florida, not Texas. Third, although the law is vague on where and how genuine unauthorized aliens (which these asylum seekers are not) are to be transported, it is exceedingly difficult to make a case that they should be sent to New England on charter flights costing $12,300 per passenger. In fact, the phrase "including common carriers" suggests using low-cost transportation on commercial airlines, buses, trains, or ships. Moreover, the destination for such transport would more plausibly be the aliens' home countries rather than another area of the United States where they have no relatives or connections.

Already, Governor DeSantis and his administration are the target of civil lawsuits and criminal investigations over these outrageous actions. The Florida government transferred another $950,000 to Vertol Systems on September 19, but on September 21, a planned flight of additional migrants from Texas to Florida to President Joe Biden's home state of Delaware was abruptly scrapped, with many migrants left stranded in hotels in Texas with no explanation.

At this time, it is unclear whether DeSantis will continue the program or pivot to another issue. Notably, unlike former President Donald Trump, Governor Ron DeSantis knows how to pivot or demure when it is politically expedient. For example, after radical members of the United States Supreme Court overturned abortion rights in June 2022, DeSantis promised to shepherd more extreme abortion legislation into law, but he has subsequently refrained from campaigning on this, particularly in the aftermath of an August 2, 2022 referendum on abortion in Kansas where voters selected the pro-choice option by a 59–41 margin. Nevertheless, we can be assured a more extreme abortion ban will be on the table if he is re-elected for another 4-year term as governor.

For his part, DeSantis appears to relish in being able to control the news cycle and to wield taxpayer funds in a profligate manner for his political benefit. Although the $1,565,000 thus far expended is small in comparison with Florida's $100+ billion annual budget, it is an enormous sum for very little return with only 50 migrants transported (who were in fact, lawfully in the USA), and it should be noted that the money is appropriated through June 30, 2023 rather than needing to be spent at lightning speed. Furthermore, although DeSantis is a favorite of billionaire donors and he has raised well over $100 million toward his re-election campaign, his financial disclosures show a personal net worth of just over $300,000—just one-fifth of what Vertol Systems has received from the Florida Department of Transportation in a mere 2 weeks.

As you may have heard, DeSantis is running for re-election against congressman and former governor Charlie Crist. In stark contrast, Crist has promised a kinder administration that promotes the general welfare of the Floridian people, rather than scoring political points with anti-immigrant fringe voters by using downtrodden immigrants as political props. In fact, Crist, a former Republican-turned-Democrat like myself, has even apologized for past stances and has built a strong track record in favor of abortion rights in his 3 terms in Congress, earning a 100% rating from Planned Parenthood based on his congressional actions. In contrast, DeSantis has learned to escalate and to never apologize. Rather than striking a conciliatory tone, DeSantis has doubled down on his unlawful relocation of asylum seekers, and he is promising more arrogance, malfeasance, corruption, abortion restrictions, and culture wars in his 2nd term, along with a de facto campaign for President of the United States molded within the same parameters. Crist, on the other hand, offers a moderate administration upholding the will of the majority with restrained executive power—a Governor Crist will almost certainly be constrained by a majority-Republican legislature that is inevitable due to strong gerrymandering, even if Democrats can win a statewide race. Although Republicans continue to gain new registered voters in Florida at a much faster pace than Democrats, it remains a competitive race between Crist and DeSantis, particularly in light of these new reprehensible actions.

With a consistent focus on issues that matter to Floridians, such as over-development and soaring homeowners' insurance rates, Charlie Crist has built a broad coalition of support that includes progressives, centrists, and conservatives. Recently, he won praise from across the political spectrum with his selection of Karla Hernández as his running mate for lieutenant governor, a remarkable exceptional student education teacher and labor union president from Miami. On 2 occasions in 2021, I spoke with Charlie Crist about my prior work as an ESE teacher and the difficulties and heavy workload, and I am pleased to see the Crist–Hernández ticket focusing on education as a real issue rather than an inflammatory cudgel, particularly in exceptional education, where many students are not getting the services they need due to a lack of teachers and funding. Crist also has the experience of serving as Florida's Commissioner of Education, 20 years ago—as an elected commissioner, before the role became a gubernatorial appointee selected based on ideology rather than merit. Kristy and I look forward to casting our votes for the Crist–Hernández ticket in the upcoming election, and encourage you to make a plan to do the same.

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