Gov. Ron DeSantis and other defendants Monday argued a federal judge should dismiss a class-action lawsuit challenging the Florida-backed flights of 49 migrants from Texas to Massachusetts in 2022.
Attorneys for DeSantis and other defendants, including his chief of staff, James Uthmeier, disputed allegations of wrongdoing and contended that the lawsuit should be tossed out for a series of legal reasons, including issues related to it being filed in Massachusetts.
“Plaintiffs disagree with Florida’s policies and political leaders. Those disagreements, however, 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 officials, including the head of its executive branch, into a Massachusetts courtroom. Even if plaintiffs’ claims were viable, they must be heard in Florida federal or state courts. For these and many other reasons, the (Massachusetts federal) court should dismiss the complaint in its entirety,” said a 98-page memorandum of law that accompanied a motion to dismiss filed by attorneys for DeSantis, Uthmeier and Lawrence Keefe, who was described in the lawsuit as a”public safety czar” in the governor’s office.
The lawsuit was initially filed in September 2022 by attorneys for three migrants from Venezuela and the non-profit group Alianza Americas. U.S. District Judge Allison Burroughs in March 2024 dismissed much of the case, including claims against DeSantis, Uthmeier and Keefe, but left open the possibility of the plaintiffs filing a revised version.
Attorneys for the plaintiffs filed a 104-page amended complaint in July alleging, among other things, violations of the migrants’ due-process and equal-protection rights and false imprisonment. They also alleged that the flights were designed to boost DeSantis’ political profile before he launched what turned out to be an unsuccessful bid for the Republican presidential nomination.
“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 amended complaint 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.”
Also named as defendants in the lawsuit are Vertol Systems Co., Inc., which received a state contract to transport the migrants; James Montgomerie, the company’s president; and Perla Huerta, who recruited migrants for the flights. Attorneys for Vertol, Montgomerie and Huerta also filed motions to dismiss the lawsuit Monday.
The flights, which drew national attention, took the migrants from San Antonio, Texas, to Martha’s Vineyard in Massachusetts, with a brief stop in the Northwest Florida community of Crestview. The migrants were from Venezuela and Peru, according to the amended complaint.
“Defendants preyed upon class plaintiffs, exploiting them in a scheme to boost the national profile of defendant DeSantis and manipulate them for political ends.”Amended complaint by attorneys for three migrants from Venezuela and Alianza Americas
Attorneys for DeSantis, Uthmeier and Keefe wrote in Monday’s memorandum of law that the transportation program was part of an effort to “mitigate the effects” of a migrant “surge” on Florida.
But the lawsuit alleges that migrants were “duped” into participating in the flights and thought they were going to a city in the Northeast U.S.
“Instead of arriving in a large city like Boston, the two planes touched down on Martha’s Vineyard, a small island off the coast of Massachusetts,” the amended complaint said. “And instead of being welcomed with job offers and resources, class plaintiffs found that no one on Martha’s Vineyard was expecting them or was even aware that they were coming.”
But attorneys for DeSantis, Uthmeier and Keefe argued in Monday’s memorandum that the plaintiffs failed to “state plausible claims for relief” against the Florida officials.
“First, plaintiffs allege that defendants fraudulently induced plaintiffs to board two airplanes leaving Texas for Massachusetts despite being told that the planes were going to Massachusetts,” the memorandum said. “But there are no plausible, non-conclusory allegations that any state defendant made any fraudulent statements, directed anyone else to make fraudulent statements, or even knew about any such statements.”
Also, the attorneys disputed that Huerta, Montgomerie and Vertol were “agents” of Uthmeier and Keefe, who worked on behalf of DeSantis. The memorandum said the “allegations and documents on which plaintiffs rely show that no state defendant controlled Huerta, Montgomerie, or Vertol. They also show that no state defendant authorized the others to commit fraud for their personal benefit.”
The lawsuit seeks a declaration that the defendants’ “practice of inducing immigrants to travel across state lines by fraud and misrepresentation is unlawful;” an injunction to prevent similar practices in the future; and damages.
