Gov. Newsom, AG Bonta Call On US Dept. Of Justice To Investigate Florida’s Migrant Flight Program

California Governor Gavin Newsom and State Attorney General Rob Bonta announced late Thursday that they would be joining a Texas sheriff in asking the U.S. Department of Justice into opening up an investigation into if the state of Florida had acted illegally in flying recent migrants to both California and Massachusetts in the past year.

Last month on June 2nd, 16 illegal immigrants in El Paso were driven to an airport in New Mexico, flown to Sacramento, then dropped off at the Sacramento Roman Catholic Diocese. Attorney General Bonta immediately set up an investigation, finding links between Florida and the flight contractor, who the state had previously used last year for migrant flights to Martha’s Vineyard in Massachusetts. A second migrant flight arrived on the 5th, prompting Governor Newsom to call out Florida Governor DeSantis in a tweet once definitive evidence was found, despite California being a sanctuary state, even threatening kidnapping charges against his Floridian rival.

“Ron DeSantis you small, pathetic man,” Newsom tweeted last month. “This isn’t Martha’s Vineyard. Kidnapping charges? Read the following.”

.@RonDeSantis you small, pathetic man.

This isn't Martha's Vineyard.

Kidnapping charges?

Read the following. https://t.co/kvuxe8Fb6F pic.twitter.com/KyE1lJiIYo

— Gavin Newsom (@GavinNewsom) June 5, 2023

With pressure mounting, both the Florida Division of Emergency Management and DeSantis confirmed the state’s involvement with the flight. In a direct response to allegations of kidnapping, officials from Florida showed video proof that the migrants voluntarily agreed to go, and show them dancing and celebrating on the flights.

However, Bonta and other California officials quickly challenged the voluntary nature of it, saying that the videos were heavily edited to fit Florida’s narrative. Since last month, the state has been investigating the two flights to Sacramento. Through interviews with the migrants, investigators recently reported that some migrants had not willingly left Texas and that they had been told that they would be given legal aid, jobs, and shelter once in Sacramento. With suspicion mounting against Florida that the migrants had been flown illegally under false pretenses, Newsom and Bonta, as well as Bexar County Sheriff Javier Salazar in Texas, sent a letter to U.S. Attorney General Merrick Garland on Thursday, asking for a federal investigation into the Florida-backed flights.

Calling for a federal investigation

“Over the last nine months, individuals seeking asylum in the United States were transported from Texas to Martha’s Vineyard, Massachusetts, and to Sacramento, California, under a program funded by the State of Florida,” the governor’s and AG’s letter to Garland said. “It is not uncommon for local jurisdictions and nongovernmental organizations to facilitate onward travel from the border for people to connect with family or friends elsewhere in the United States after they are processed and released by federal immigration officials and are pursuing their immigration cases as required by the law. But this scheme is different: according to news reports, recruiters deceived migrants into taking flights to these particular locations based on promises of jobs and shelter.”

“Bexar County Sheriff Javier Salazar launched an investigation into the September 2022 Martha’s Vineyard flight. Results of the investigation have concluded that individuals were induced to accept free travel based on false representations that they would be transported from San Antonio to Martha’s Vineyard and receive housing, education, and employment opportunities. A referral for potential criminal prosecution is currently pending with the Bexar County District Attorney’s Office.”

“Recent reporting by other outlets indicates that some individuals who traveled to Sacramento on June 2 and 5, 2023, may have been
similarly induced by deceptive representations about access to jobs, housing, or other services. The California Department of Justice has opened criminal and civil investigations into the circumstances around those flights.”

“Although separate investigations into potential violations of state laws remain active, the U.S. Department of Justice (USDOJ) has a unique capability to investigate cases where, as here, the scheme stretches from Massachusetts to California and touches upon no fewer than five states. Accordingly, we urge the USDOJ to open federal criminal and civil investigations into these incidents. Indeed, as noted in prior correspondence from Governor Newsom to USDOJ related to the Martha’s Vineyard flight, given the multijurisdictional, interstate nature of this ongoing scheme, the federal government’s involvement seems especially appropriate.”

“It is unconscionable to use people as political props by persuading them to travel to another state based on false or deceptive representations. We urge USDOJ to investigate potential violations of federal law by those involved in this scheme. We stand ready to provide additional information about these flights and look forward to working with the USDOJ on this issue.”

.@CAGovernor, Bexar County Sheriff Salazar, and I urge @TheJusticeDept to open federal criminal and civil investigations into the transportation of migrants to Massachusetts and Sacramento.

We won't stand by as people are used for cheap political stunts. https://t.co/3wlSEqiBYz pic.twitter.com/v7QROkDLTb

— Rob Bonta (@AGRobBonta) July 6, 2023

As of Friday afternoon, the DOJ has yet to respond to the investigation request, with Governor DeSantis also not commenting on the matter. However, experts noted that, if the probe is granted by Garland and the Biden administration, it would likely spark more than just questions of if Florida’s flight program was legal.

“Newsom, Bonta, and the Texas sheriff are really pulling for the DOJ probe,” immigration lawyer Raul Calderon told the Globe Friday. “It’s hard to say if it was illegal. California is a sanctuary state, but if people on the ground were promising or offering things to the migrants under false pretenses, then there can potentially be a case. And if some of the migrants then deny it, the whole argument can be put into question.”

“So the investigation is the main concern, but it isn’t the only concern either. If this blows up and the DOJ finds that what Florida did was illegal, it could be detrimental to DeSantis’ 2024 campaign. Even if an investigation goes nowhere or isn’t even granted, this will definitely come up in the debates.”

“It could also hurt Bonta and Newsom. Neither of them are exactly on moral high ground right now, and if the DOJ just throws this back, they can be screwed and be forced to just have a state investigation. And if the DOJ mentions anything about California being a sanctuary state, both will go right on the defensive.”

“Right now, the ball is in the DOJ’s court. Newsom and Bonta are on pins and needles waiting for a response, and even though he hasn’t commented, you can bet DeSantis is keeping a close eye on this too.”

A decision on whether to launch a federal probe into Florida’s migrant flight program will likely be announced soon.