A Leon County circuit judge Wednesday dismissed a lawsuit filed after Gov. Ron DeSantis’ administration sparked a controversy in September by flying about 50 migrants from Texas to Martha’s Vineyard in Massachusetts.
DeSantis administration attorneys argued that the lawsuit, filed by state Sen. Jason Pizzo, D-Hollywood, became moot when the Legislature this month passed a law aimed at bolstering efforts to transport migrants to “sanctuary” areas of the country.
During a late-afternoon hearing Wednesday, Circuit Judge John Cooper dismissed the lawsuit after Pizzo’s attorney, Mark Herron, acknowledged that it should end.
The lawsuit contended that a section of the state budget used to pay for the September flights was unconstitutional because it created a new program and changed laws about issues such as contracting. The law passed this month took a series of steps to address the legal issues raised by Pizzo.
Pizzo, an attorney, briefly addressed the judge Wednesday and said he achieved what he sought in the lawsuit, at least in part because it spurred the Legislature to make changes.
“We got what we asked for,” he said.
Cooper said the dismissal should not be construed as a decision on the constitutional issues in the case. He said the dismissal stemmed from the legislative changes.
“Each side can take what they wish,” Cooper said.
The lawsuit dealt with the interplay of the state budget and substantive laws. Broadly, issues in the annual budget are not supposed to change more-permanent laws.
The Republican-controlled Legislature last year included $12 million in the budget for the Department of Transportation to carry out a “program to facilitate the transport of unauthorized aliens from this state.”
The DeSantis administration used $615,000 of that money to pay Vertol Systems Company, Inc. to fly the migrants Sept. 14 from San Antonio, Texas, to Martha’s Vineyard, with a brief stop in the Northwest Florida community of Crestview. Also, four additional Vertol purchase orders of $950,000 each are listed on a state contracting website for “relocation services.”
Legislative staff analyses said $1.565 million had been spent as of Jan. 31, leaving a balance of $10.435 million from the original $12 million.
With Pizzo’s constitutional challenge pending, the Legislature on Feb. 10 passed a law that effectively sought to neutralize the legal arguments.
In part, the law repealed the part of the budget that was used as a basis for the flights and created the Unauthorized Alien Transport Program in state law. Also, the bill funneled remaining money provided in the budget section back to state coffers, and allocated $10 million to the newly created program — effectively swapping out money.
After DeSantis signed the bill last week, administration attorneys filed a motion to dismiss the case because of mootness.
“Here, it is indisputable that SB 6-B repeals (the section of the budget),” the motion to dismiss said. “Moreover, by repealing (the section) the Legislature effectively gave plaintiff (Pizzo) precisely what he requested. It eliminated the challenged appropriation, which allegedly amended substantive law, thereby ensuring it cannot be used to transfer unauthorized aliens.”
DeSantis, who is a potential 2024 presidential candidate, frequently criticizes Democratic President Joe Biden on border and immigration issues. Pizzo said after Wednesday’s hearing that DeSantis is trying to use the newly passed program for political purposes and to set up a “showdown.”
–Jim Saunders, News Service of Florida
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Lynne says
That’s not the way it works. You don’t get to dismiss a suit against a law after the law has been changed. The law in place should stand, at least for the purposes of the suit.
The dude says
Institutionalized human trafficking… with our tax dollars…
How low can this state go???
Ralph6 says
FL & TX send the immigrants north. Chicago sends them to the suburbs. NYC sends them to Canada. Hilarious.
J. Red says
Why does DeSantis use Florida money on something that had to do with Texas? Plus no competitive bidding for these flights which costed over $20,000 per unauthorized aliens. ( Must be from space?) For a group of people who want to save money, I do not see the savings on something such as this. And the Fl government has changed the law to state, this state can do this for anywhere and everywhere, not just in Florida. Something wrong with this picture.
Brandon Cross says
Just want to pick up on something you said…
So, cost X amount of dollars to send these illegals to north.
Up front… what is your answer to the tremendous influx
of illegal migrants coming into our country?
Since DeSantis sent those illegal aliens to Martha’s Vineyard, our state has had hundreds if not thousands of illegals enter our Florida shores.
Just my thought…
Are you against DeSantis because of his stance against illegal aliens ?
Do you advocate no borders?
I’m really trying to be objective, yet having difficulty with your critical thinking?
Please do not take this as an attack… merely a chance for debate on something truly important to our country as it currently exists.
Florida Voter says
Those migrants were NOT “illegal aliens.” There were fully LEGAL asylum seekers.
DeSantis used Florida $,$$$,$$$ to send legal individuals from TX to MA. The purpose of that money was to remove “unauthorized aliens” from FL. He used it to send LEGAL migrants from NOT FL to somewhere else.
The migrants were legal.
They were not (until DeSantis brought them here) in FL.
Sherry says
Thank you for injecting “facts” into this discussion Florida Voter!
Brandon Cross, CONGRESS is squarely to blame for this whole migrant debacle! They have absolutely refused to create a “SIMPLE/INEXPENSIVE/LEGAL/SPEEDY” way for asylum seekers to “apply for and qualify” for LEGAL immigration into the USA. The current “cobbled together”process is so convoluted that even highly trained, very expensive Immigration Attorneys” find it extremely difficult to interpret the multiple laws involved and multiple steps in the ridiculous process that currently can take years to complete! Meanwhile, those seeking asylum from extreme violence are suffering every day.
Brandon, Just wait a few years until the “Climate Change” rising seas completely wipe out all the habitable places from Indonesia to Miami, and beyond . . . causing millions upon million to be on the move seeking higher ground. Are you ready to face someone with a gun in the mountains of North Carolina saying that Floridians are ILLEGAL IMMIGRANTS?