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.
鈥淧laintiffs disagree with Florida鈥檚 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鈥� 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,鈥� 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鈥漰ublic safety czar鈥� in the governor鈥檚 office.
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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鈥� due-process and equal-protection rights and false imprisonment. They also alleged that the flights were designed to boost DeSantis鈥� political profile before he launched what turned out to be an unsuccessful bid for the Republican presidential nomination.
鈥淒efendants preyed upon class plaintiffs, exploiting them in a scheme to boost the national profile of defendant DeSantis and manipulate them for political ends,鈥� the amended complaint said. 鈥淒efendants 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.鈥�
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鈥檚 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鈥檚 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.
Attorneys for DeSantis, Uthmeier and Keefe wrote in Monday鈥檚 memorandum of law that the transportation program was part of an effort to 鈥渕itigate the effects鈥� of a migrant 鈥渟urge鈥� on Florida.
But the lawsuit alleges that migrants were 鈥渄uped鈥� into participating in the flights and thought they were going to a city in the Northeast U.S.
鈥淚nstead of arriving in a large city like Boston, the two planes touched down on Martha鈥檚 Vineyard, a small island off the coast of Massachusetts,鈥� the amended complaint said. 鈥淎nd instead of being welcomed with job offers and resources, class plaintiffs found that no one on Martha鈥檚 Vineyard was expecting them or was even aware that they were coming.鈥�
But attorneys for DeSantis, Uthmeier and Keefe argued in Monday鈥檚 memorandum that the plaintiffs failed to 鈥渟tate plausible claims for relief鈥� against the Florida officials.
鈥淔irst, 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,鈥� the memorandum said. 鈥淏ut 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.鈥�
Also, the attorneys disputed that Huerta, Montgomerie and Vertol were 鈥渁gents鈥� of Uthmeier and Keefe, who worked on behalf of DeSantis. The memorandum said the 鈥渁llegations 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.鈥�
The lawsuit seeks a declaration that the defendants鈥� 鈥減ractice of inducing immigrants to travel across state lines by fraud and misrepresentation is unlawful;鈥� an injunction to prevent similar practices in the future; and damages.
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