Some migrants flown by DeSantis to Martha’s Vineyard qualify for victim visas, feds say

Some of the 49 migrants flown to Martha’s Vineyard by the state of Florida are now able to legally work in the United States and have temporary protections from deportation — because they are considered victims of a potential crime, their attorney says.

The migrants are eligible for protections because they applied for a special kind of visa meant for crime victims who are helping law enforcement in the investigation of suspected criminal activity. They applied for what are known as U visas last year after they said they had been tricked into taking charter flights from San Antonio, Texas to the Massachusetts island with false promises of jobs and other aid, said Rachel Self, an attorney for the migrants.

The migrant flight program — a taxpayer-funded operation led by Gov. Ron DeSantis and a politically connected private contractor — was designed to remove “unauthorized aliens” from Florida. But critics, including immigration advocacy groups, have pointed out that the migrants had legal status in the United States as asylum seekers and that they were found in Texas, not Florida.

DeSantis has maintained the flights were conducted lawfully and that migrants boarded the flights “voluntarily.”

Yet the recruitment tactics used in the first iteration of the governor’s migrant relocation program have resulted in a criminal investigation by the Bexar County sheriff in Texas and a federal lawsuit by some of the migrants who have claimed they were deceived by the state.

Now, some of the migrants have been granted U visas, which are “set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity,” according to U.S. Citizenship and Immigration Services. They can eventually lead to permanent lawful status in the United States.

The migrants — who were from Venezuela and Peru — were eligible to apply for the visas after Bexar County Sheriff Javier Salazar, a Democrat, certified that they were victims of a crime.

After waiting for more than a year, some migrants earlier this month received “bona fide determinations” in their U visa petition, a status that allows them to obtain temporary work permits and protects them from deportation until their visa becomes available, Self said.

It was not immediately clear how many migrants had received that status from the federal government.

Congress only allows the federal government to issue 10,000 such visas each year. The “bona fide determination” gives the migrants targeted by the state of Florida temporary protections from deportation while they wait for the visa.

DeSantis’ office did not immediately respond to a request for comment on the development.

What else has happened with the migrant flight program?

Since last June, there have been no updates on the criminal investigation in Texas.

At that time, Salazar recommended that the district attorney in Bexar County bring criminal charges over alleged deceptive tactics used by the state to lure migrants onto the flights. Specifically, Salazar recommended both felony and misdemeanor charges of unlawful restraint that have the potential of snaring some of those who helped DeSantis carry out the flights.

The district attorney has not yet announced any action on the case.

“The Bexar County DA’s inaction in this matter is concerning and cannot be understated,” Self said in a statement to the Herald/Times on Monday. “Anyone who knows all of the facts, anyone who has seen all of the evidence, simply cannot ignore the crimes that were perpetrated in this case.

In civil court, a federal judge earlier this month also issued sharp rulings in relation to the operation.

U.S. District Judge Allison Burroughs in Massachusetts, who is overseeing a federal lawsuit brought forth by some of the migrants, said that there is sufficient evidence to support the claim that Vertol Systems, the private contractor hired by the state to arrange the flights, intentionally inflicted emotional distress on the migrants. Burroughs added that plaintiffs sufficiently alleged that Vertol’s conduct was “extreme and outrageous.”

“Simply put, assuming the allegations are true for purposes of this motion,” Burroughs wrote, “Vertol participated in a scheme to recruit vulnerable individuals through deceit so they could unwillingly and publicly be used as a prop in an extremely divisive national debate.”

Additionally, Burroughs found that the allegations that Hispanic migrants were “specifically targeted” and “the only ones approached,” could prove that “Vertol and the other defendants invidiously discriminate against plaintiffs because of their race.”

In the 77-page ruling, Burroughs said migrants should be allowed to sue Vertol, but said there were “insufficient facts” presented in the lawsuit to tie DeSantis and current and former top aides to potentially illegal actions in relation to the flight. Therefore, DeSantis and others were dismissed from the case.

The DeSantis administration lauded the decision to dismiss the lawsuit against the governor.

Shortly after the ruling, DeSantis suggested he would like to resume the flights to send Haitian migrants who illegally land in Florida to Martha’s Vineyard.

Miami Herald investigative reporter Sarah Blaskey contributed to this report.

This story was originally published April 22, 2024 at 9:47 AM.