The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. A firm, Lawyers for Civil Rights, in conjunction with the migrant-led nonprofit Alianza Americas, filed the action on behalf of Yanet Doe, Pablo Doe and Jesus Doe who are using pseudonyms for the action “on behalf of themselves and all others similarly situated.” The filing is a Jackson Pollock of legal claims with twelve claims thrown against Florida from false imprisonment to intentional infliction of emotional distress to misuse of the Coronavirus State Fiscal Recovery Fund. The splattering of claims face considerable legal barriers based on the consent of the migrants, as shown in a waiver released by Florida.
The filing of a lawsuit upon entry to the United States is not unprecedented, of course. Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. Cunard. Yet, this is a case involving undocumented migrants who allegedly signed a waiver and agreed to the trip.
The filing does not include the widespread claims of kidnapping and human trafficking made by Democratic politicians and some legal experts. Cable programs are still claiming that criminal kidnapping charges should be brought after the flight. In the narrative or background sections, there is no such allegations and the actual civil claims do not appear based on those theories.
The claims include only three Section 1983 claims and do not include the allegation of human trafficking for sex or labor exploitation that is the basis for human trafficking.
As for kidnapping, two of the three 1983 counts involve due process or equal protection claims. One involves “unlawful seizure” because “by fraudulently inducing individual Plaintiffs to cross state lines in the manner described herein, Defendants unreasonably seized Plaintiffs without just cause.” The count states that, “particularly after the individual Plaintiffs had boarded the airplanes and were in mid-air, Plaintiffs were not free to leave, and were induced into that condition through false promises and misrepresentations.” The thrust is a temporary seizure under the Fourth Amendment.
The lawyers are alleging that the migrants were mislead or defrauded in going to Martha’s Vineyard. The flight is portrayed as “designed and executed a premeditated, fraudulent, and illegal scheme centered on exploiting this vulnerability for the sole purpose of advancing their own personal, financial and political interests.”
Gov. DeSantis responded by calling the lawsuit “political theater,” which is ironic given that the flight was clearly designed as precisely that type of political theater.
However, most of these claims are highly dubious and will require substantially more factual support to survive a threshold challenge. The first challenge will be to show that the waiver was secured by trick or fraud. The consent form – available in English and Spanish – states:
“I agree to hold the benefactor or its designed representatives harmless of all liability arising out of or in any way relating to any injuries and damages that may occur during the agreed transport to locations outside of Texas until the final destination in Massachusetts.”
The lawyers are citing a brochure to support the claim of fraud. The brochure reads “Massachusetts Refugee Benefits” with instructions for how to change an address with U.S. Citizenship and Immigration Services (USCIS), including USCIS Form AR-11, “Alien’s Change of Address Card.” The complaint states:
On information and belief, the brochure was manufactured by Defendants. The brochure echoed the type of false representation that had been given orally, including statements such as: “During the first 90 days after a refugee’s arrival in Massachusetts, agencies provide basic needs support including…assistance with housing…furnishings, food, and other basic necessities…clothing, and transportation to job interviews and job training…assistance in applying for Social Security cards…registering children for school….”
The brochure had a separate section entitled “Refugee Cash Assistance (RCA),” which stated: “Provides up to 8 months of cash assistance for income-eligible refugees without dependent children, who reside in Massachusetts.” It had other sections that described “targeted services for . . . employment.”
The state says that the brochure takes material from the state website for refugees and migrants.
The state is also likely to replay media accounts of migrants expressing satisfaction with going to the island, including an NBC report as well as a Telemundo report of migrants thanking Desantis.
The most serious allegation is that Florida officials “told them they were flying to Boston or Washington, D.C., which was completely false.” The question is the proof of that representation since the waiver refers only to the destination being “the State of Massachusetts.”
Most of the claims are barely defined, let alone supported. For example, on false imprisonment, the complaint merely restates defrauding claims:
The Plaintiffs’ participation in the federal immigration processes—to which they are constitutionally entitled—was impeded, as they were transported thousands of miles away from where they needed to continue immigration proceedings. Plaintiffs were not informed that they would be flown to an island off the coast of Massachusetts that can only be reached by plane or ferry. The first time that many of the putative class learned that their destination was Martha’s Vineyard was when they were in mid-air. When they arrived, they were not provided with any of the goods and services which they were promised by Defendants. They felt defrauded and tricked and were traumatized by the experience.
The only confinement alleged is the flight itself, which necessarily does not allow people to leave mid flight. Thousands of migrants have been transferred by flights to locations around the country, including trips arranged by the Biden Administration and a Democratic mayor.
The complaint is stronger on rhetoric than supporting facts or law. It will face a motion to dismiss and that the litigants may be able to offer more evidence of a fraud or misrepresentations to negate their signed waivers. However, this is unlikely to result in a serious threat to these ongoing flights by various states. This is a civil action that, even if it can survive threshold challenges, will be in the court system for a long time in seeking to establish these claims. Many of these claims are likely to be dismissed or abandoned in the course of that litigation.
Here is the complaint: Alianza-Americas v. DeSantis
Why wouldn’t this claim be barred by the 11th Amendment?
“It’s 99% of lawyers that give a bad name to all the rest.”
Brilliant!
DEL RIO, TX — Impressed by the efficiency of Martha’s Vineyard in expelling their migrants in less than 48 hours, several border towns in Texas have begun adopting best practices from the affluent Massachusetts island. One prominent change that Del Rio has already made is replacing their “Welcome To Del Rio” sign with a “Welcome To Martha’s Vineyard” sign so that migrants will know that there are not enough resources, they are not wanted, and they need to leave immediately.
https://babylonbee.com/news/border-town-puts-up-marthas-vineyard-sign-so-immigrants-will-know-theyre-not-welcome-there
This should actually be considered in a way. Think of it: The Obama/Biden “Remain in Costa Rica” program was replaced by the Trump “Remain in Mexico” program which in turn could be replaced by the Charley-Baker/Bill Keating “Remain on a rural abandoned military base miles from anywhere” program. This remote base on the Cape is really run down and only about 10-12 miles from the nearest town but there must be much more suitable bases in Northern NY state, North Dakota, Montana, and maybe even Alaska that are open for migrants until their hearings are convened.
Good idea. Plus, they can skip the wait by having the hearings there, too.
😎 Send them to every sanctuary city in the country and bill them for the processing and travel costs.
Jonathan: You say the lawsuit filed on behalf of three migrants against DeSantis is a “Jackson Pollack of legal claims”. Do you know the value of a Pollock painting these days. Pollock’s current auction record is $58.4 million set in 2013 for his “Number 19” at Christies in NY. Recently Pollock works have sold for over $20 million apiece! What you may be implying, unintentionally, is that the migrants’ claims may actually be a gold mine–especially if the plaintiffs are awarded punitive damages. A simple motion to dismiss could be successful in some cases but in all of cases?
As to your claim the “consent” form the migrants signed (not including the children) is a “considerable legal” barrier to the plaintiffs’ claims? Not so fast. Perhaps, Anonymous the Sane, our resident attorney on this blog, can weigh in on this issue. As far as I can tell using false representations to induce a party to sign a contract is not valid. Knowingly making false statements, whether in writing or verbally, voids the contract. The migrants were falsely told they were flying to Boston but were dumped in Martha’s Vineyard. The migrants were also lied to about jobs and other benefits.
Then there is the issue of DeSantis’ liability for misusing state funds to transport the migrants. The governor used $12 million authorized by the state legislature–money that was interest earned from the Covid pandemic relief. But the allocation specified the money was for “implementing a program to facilitate the transport of unauthorized aliens from this state consistent with federal law”. The migrants were not “unauthorized aliens”. They were lawfully in the country pursuing asylum claims. And they were flown from Texas, not from Florida. Oh, well, just a minor detail you omitted from your post.
At the end of your column you waive your hand and cavalierly dismiss the migrant’s claims as “unlikely to result in a serious threat to these ongoing flights by various states”–almost inviting DeSantis and Abbott to continue their inhuman political stunt. Not a big defender of the rights of migrants protected under international human rights doctrine are you? I suppose that if you had relatives in Venezuela escaping violence and seeking asylum here in the US you might have a different view of how your relatives have been treated by DeSantis.
Seriously?
Jack: Yes, Jack, “Seriously”. Any thing you would like to say about the points raised in my comment? Didn’t think so. Do you really expect anyone to take you “seriously”?
Speaking of ‘defenders of international human rights’….We don’t see Democrat politicians welcoming Cuban refugees with open arms, do we? Nope, they send them right back to Cuba. Hmmm why could that be?
Turley writes: “Most of the claims are barely defined, let alone supported.” You ARE writing about Trump’s BS civil lawsuit in which neither he nor his current crop of attorneys has put forth anything resembling proof or legal authority for his possession of the documents seized are Mar A Lago–right? Or, is today’s piece a dodge against yesterday’s news about Judge Dearie saying that the government had made out a prima facie case that the documents that were seized are and marked TS/SCI, are, in fact, classified, and that absent Trump coming up with proof that any were declassified, that would be his hold. The Judge basically said that Trump can’t tap-dance around the truth here.The Judge is going to make him put up or shut up. We can only wonder whether any more Trump lawyers are going to lose their law licenses for lying on his behalf..Is the $3 million retainer going to be enough?
Really, really, that’s your response to Prof. Turley, another Trump whataboutism? Trump is old news.
Trump won’t be old news until he meets the same fate as Wally Barron, the corrupt 1960’s governor of West Virginia, who spent his old age as a cab driver in Chicago.
TDS manifested… again, and again and again. Hopefully Fauci will find a vacine for TDS?
The action against trump in court right now is civil, his lawyers have no reason to show their hand yet on declassification process. The current complaint under the national records act does not rely on materials being classified, so it’s moot anyways. That’s despite breathless media coverage suggesting this is about the espionage act, which is not invoked in any active case.
Once the doj brings an indictment, they will be committing to one approach or the other, that’s the appropriate time for trumps lawyers to point out that historically (until the recent raid), a president could declassify anything simply by being alone in a room and thinking to himself “every classified document in this room is now declassified”
Other, non-presidents, have process to follow but the president is the source of all classification and more broadly all executive authority for every person and agency vested with power by the executive.
Trumps lawyers know they likely can’t prove he declassified this stuff because until this case, that wasn’t a thing a former president really had to worry about. There are well known instances of former presidents retaining materials in this way, and they often remain marked classified because the process can be as informal as described above.
In other words, this is a deviation and politicization of what was just understood to be normal because they are willing to do whatever it takes to “get trump”, seemingly thinking focusing on him is a better midterm strategy than telling people they deserve power because of how good a job they are doing with the economy, unifying the nation, etc.
It might sound good to you, but seems pretty clear to this unaffiliated voter that this is politics-as-usual for the trump era, which is really “politics-as-total-war”.
So, don’t get distracted by what sure looks like a normal courtroom maneuver that, because it involves trump in the weeks before an election, is being amplified and distorted for political reasons. Or do, it’s a free country and it’s your right to be manipulated if that’s what you prefer.
Ron DeSantis is being sued for accurately describing the benefits for illegal aliens from the official website of the state of Massachusetts.
This isn’t about the truth, or the breaking of any laws. This is part of the successful effort to bring false allegations against Republicans, keep repeating those demonstrably false allegations, until it becomes incorporated into the psyche of voters.
It doesn’t matter that the signed paperwork shows they were going to Massachusetts, they were provided with a map of Martha’s Vineyard, or that the information was taken directly from the state’s own website. What matters is if voters believe the false accusations, and can then be useful in the war on popular Republicans.
False information and brainwashing have proven useful to the Democrat Party in the past. Michale Brown’s hands weren’t up; he had wrestled for the cop’s gun and was in the act of charging him again. Treyvon Martin wasn’t just strolling, eating Skittles and then was tackled by George Zimmerman. Trayvon was in the act of beating Zimmerman’s head on the curb. The Russia dossier was a hoax. Trump never called racists “very fine people” and in fact said they “should be condemned totally.”
The truth doesn’t matter. This is all about training voters.
No, Karen, the only “hoax” is Trump and people like you who believe his lies no matter what the facts are. DeSantis and Abbott are politicizing the migrant crisis by taking advantage of their vulnerability by lying to them to induce them to get on board an airplane. They chose Martha’s Vineyard because parts of it include summer homes of prominent Democrats–not because there could be jobs for unskilled non-English speaking migrants after Labor Day, which there aren’t. The migrants were told there was housing and jobs waiting for them, and that they were going to Boston. The consents, which were obtained under false pretenses, will never stand up in court, and whatever loser you heard on Fox who says otherwise doesn’t know the law.
You speak of “brainwashing”–you are literally the poster child for brainwashing. You’ve repeated lies you got from Fox so many times, I lost count, but they include your endless defense of Hydroxychloroquine as a COVID cure, despite multiple studies proving it not only is ineffective, outcomes are worse than taking nothing at all. The ONLY reason you keep defending this is because you have been conditioned to believe Trump’s lies rather than science. The Hydroxychloroquine issue alone should have taught you that Trump is a chronic, habitual liar, that he never admits it when he is wrong, even when lives are at stake, and that he can’t be trusted. But you refuse to listen to science because you are the one who is brainwashed. Then, there are the endless election denial lies, ignoring the recounts, re-recounts and fornsic audits that all prove the falsity of the Big Lie. Now you’re pushing the lie that Trump “never called racists ‘very fine people'”. He said, “there are very fine people on both sides” of the controversy in Charlottesville, and this was AFTER Heather Heyer had been murdered by one of these “very fine people” — one of the White Supremacits–who ran her down with his car. Kellyanne came up with a cover lie, but we all heard it–backtracking isn’t going to explain it away.
Jusst how many times do you have to be corrected over the fact that the “dossier” was NOT the impetus for the Russia investigation which was the result of an Australian diplomat reporting to the State Department that he met a guy at a bar who told him that there was dirt on Hillary Clinton based in hacking? The facts have been repeated to you over and over again, but they roll off of you. The people to whom “the truth doesn’t matter” are disciples like you, Karen.
Again, Trump is old news as is Clinton, i.e. has beens and never will bes…… Let’s focus on today’s news. Anytime a liberal is losing an argument here comes the but Trump; anytime a conservative is losing an argument here comes H. Clinton. Focus on today’s news, if you can, force yourself to separate TDS from your other thoughts.
“Ron DeSantis is being sued for accurately describing the benefits for illegal aliens from the official website of the state of Massachusetts.”
BS. He described the benefits for those in the Refugee Resettlement Program, which these migrants aren’t eligible for.
“the information was taken directly from the state’s own website”
It was taken from the state’s Refugee Resettlement Program, which these migrants aren’t eligible for.
For goodness sake, do you understand that sometimes a program is limited to people with specific qualifications and not open to everyone??
Since when is “intentional infliction of emotional distress ” a crime?
Ambulance chasers need love too.
Using compliant courts to attack political opponents.
Whoever heard of that in blind justice America before?
While the Senate sets records appointing compliant judges.
During the previous iteration of the Biden Administration, also know as the Obama administration, studies were conducted about where these illegal aliens were placed by the federal government and not the states. no notification of governors, or communities, just busloads showing up. Particular interest was one article which showed the placement of illegal aliens in Virginia. They were all sent to the most remote and poorest communities in the state where there were virtually no jobs and no prospects. 1 was sent to Fairfax, otherwise none were sent to the DC area or anywhere else where there were legitimate prospects of services or employment.
This is now being repeated and inflicted on the border towns of Texas and Arizona. Is it any wonder that Hispanics in Texas are turning from the democratic party as their schools, communities and services are overwhelmed by these uninvited guests.
Hopefully these events will give the Republicans multiple counts to cite in Impeachment Proceedings should they win the House. Also wrongful death in citizens killed by illegals as well of the illegals themselves as they died in the deserts of Texas, New Mexico and Arizona or drowned crossing the Rio Grande, or died in trailers filled to overflowing, when they heeded Biden’s call to come to his open border.
An interesting note is that the Plaintiff’s are trying to pursue this case under pseudonyms rather than their real names. Prof. Eugene Volokh has done a series of columns on this issue. Courts are not amenable to this type of shenanigan without good cause and this isn’t one of those.
Massachusetts is missing from the Spanish version….
Tennis champ Novak Djokovic was barred from traveling to the US to participate in the US Open because he is not vaccinated with the coronavirus vaccine, which is not entirely out of date and utterly useless against the current, thankfully mild, version of Covid.
Yet, approximately 5 million mostly unvaccinated and often sick illegal migrants will have crossed our border by the end of the year.
This is unjust, sheer lunacy, bad governance, and unethical.
The US owes Mr Djokovic a sincere apology.
3 days ago they illegally entered the country using the “asylum” scam, today they’re suing an American Governor for flying them to Martha’s Vineyard. They had a better shot suing the people on Martha’s Vineyard for removing to an army compound and not to a luxury BNB.
“undocumented migrants”
Illegal immigrants
They paid violent cartels to help them break our federal laws, and now they want to make money by claiming the person who clothed and fed them, gave them shelter when they were sleeping in a parking lot, got their signed consent, and gave them a ride to a wealthy enclave that advertised itself as a sanctuary for illegal aliens, somehow broke the law?
That’s rich.
Oh, the irony.
Is the impetus coming from the illegal migrants, or are the Democrat activist lawyers using them?
5 million illegal immigrants expected by the end of the year. Better not be like Biden or Newsom, and send them throughout the country. Only people in border states must suffer the consequences of Democrat immigration failed policies, apparently. Wouldn’t want to interrupt the yoga classes or yachting of Martha’s Vineyard.
Martha’s Vineyard did not advertise itself as a sanctuary city.
Plaintiffs’ lawyers and class action lawyers, now practicing “civil rights” law! I’m sure this representation was sought out by the plaintiffs, maybe looking in the Yellow Pages or on-line. But, oh … did these lawyers go looking for clients (or get an assist from lefties) so they could be attorneys, not just lawyers. Wasting courts’ time and defendants’ time – but doing the “work” of the woke.
Democrat sanctuary cities and states had no idea when they started this grubby virtue-signaling that it would come back to bite them on the ass one day. Good on governors De Santis and Abbott for rubbing the faces of these hypocrites in the mess they created with help from their senile, oath-violating president.
The joke here is that they thought open borders and millions of illegals would be popular with Hispanics and garner votes for them. Exactly the opposite has happened. This will help to flip the Congress in a few weeks.
RE:”The joke here is that they thought open borders and millions of illegals would be popular with Hispanics and garner votes for them” The ever present theory has been that this lot are the seeds of the future crop. The attention to the border states was to flip them Democrat due to the overwhelmingly thankful new arrivals who will be given amnesty and a road to citizenship and the vote. The goal being a one-party in control of the government for all time.
“Political Theater”
Like it or not, Governor DeSantis draw attention to himself and his opposition to the border policies of the Biden administration and set political agenda in almost all media outlets for a week. It also got the approval from GOP’s Senatorial pundit..
MO this stant was more effective as his 40% rejection of proposed math textbooks or opposing Disney’s gender and sexuality position earlier this year.He knows that the more negative attention he gets, the better liked he is among MAGA grassroots and the more money he can raise for his future political endeavors. However, former President Trump’s domestic national economic policy (“economic security is national security”),is a unique selling proposition which is hard to duplicate DeSantis knows that [1].
As so many people took good care of 48 Venezuelans at Martha’s Vineyard, their damage is bearable, maybe more bearable with a cash infusion. Governor Ron DeSantis (R-FL) and his handler flawed by assigning Vertol Systems, Delrin FL, on behalf of the state. Maybe he will have to explain why his Floridian taxpayers have to pick up $ 615K bill for out of state refugees. Because both planes detoured and made an unnecessary stop at CEW is not reasonable rationale.
[1] https://www.businessinsider.com/ron-desantis-shouldnt-run-against-donald-trump-gop-operative-says-2022-8
Rules for Radicals. This was never suppose to work against us.