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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMassachusetts seeks human trafficking probe targeting Florida Gov. DeSantis over migrants
Authorities in Massachusetts said Sunday that they have requested a federal human trafficking probe after Florida Gov. Ron DeSantis boasted of sending about 50 Venezuelan migrants to Martha's Vineyard to shine a national spotlight on immigration issues.
"We are requesting that the Department of Justice open an investigation to hold DeSantis and others accountable for these inhumane acts," state Rep. Dylan Fernandes tweeted Sunday. "Not only is it morally criminal, there are legal implications around fraud, kidnapping, deprivation of liberty, and human trafficking."
Fernandes said he had spoken with Massachusetts U.S. Attorney Rachel Rollins and was "grateful to hear she is pushing for a response from the DOJ."
The migrants were picked up in Texas, but DeSantis said the flights were part of a $12 million Florida program to transport undocumented immigrants to so-called sanctuary destinations. DeSantis denied claims that the migrants were duped into taking the flights with promises of jobs that did not exist. And he said he was "perplexed" to hear that President Joe Biden was "surging resources" to the Texas border in response to the flights.
https://www.yahoo.com/news/massachusetts-seeks-human-trafficking-probe-191103773.html
Solly Mack
(90,787 posts)Lock him up
Effete Snob
(8,387 posts)LeftInTX
(25,562 posts)I kinda don't think federal human trafficking applies because the migrants weren't "put to work".
However, federal human trafficking laws primarily pertain to forced labor, sex trafficking and smuggling migrants into the country illegally, falsifying papers etc. In this case, the migrants are here legally. However, they aren't being forced to work.
I feel DeSantis broke a law, but I don't know which one.
https://sgp.fas.org/crs/misc/IF11942.pdf
Other immigration criminal statutes can also apply to
trafficking-related activities, such as fraud and misuse of
visas, permits, and other immigration documents (18 U.S.C.
§ 1546), importation, holding, or keeping of an alien for
prostitution or any other immoral purpose (8 U.S.C. §
1328), failing to file a factual statement about an alien
harbored for purposes of prostitution (18 U.S.C. § 2424),
and marriage fraud (8 U.S.C. § 1325(c)).
But proving fraud is another story.
However, I do believe DOJ can somehow obtain an injunction on these types of activities if fraud is involved. Laws require "good faith" and if the migrants are not treated in "good faith", an injunction could be issued.
Effete Snob
(8,387 posts)It's basically the same thing with the federal statute as well.
In another thread, someone suggested the "labor" was "appearing in a campaign commercial" since there was a videographer, which was an amusing stretch.
Laws require "good faith" and if the migrants are not treated in "good faith", an injunction could be issued.
You have to find one that was broken. The federal trafficking law doesn't apply for the same reason.
I don't know why you highlighted 18 USC 1546, since none of the specified sorts of documents were forged.
https://www.law.cornell.edu/uscode/text/18/1546
The predicate activity in that statute is:
"Whoever knowingly forges, counterfeits, alters, or falsely makes any immigrant or nonimmigrant visa, permit, border crossing card, alien registration receipt card, or other document prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States..."
None of the specified documents were forged, and no "other document" used as "evidence of authorized stay or employment" was forged either.
LeftInTX
(25,562 posts)Hopefully, there is a statute.
The DOJ sued Abbott over migrant transportation. At first Abbott refused to allow the federal govt to transport migrants. The DOJ won, but then Abbott won an appeal. In a twist of fate, the day after Abbott won his appeal, he started busing them out.
However, all of this must be done in "good faith". Deceiving people, not providing proper treatment on buses etc. are civil violations of "good faith". Any transportation provided by a state government should adhere to the standards provided by the federal govt.
LeftInTX
(25,562 posts)Article. I can't find the case number
https://www.usatoday.com/story/news/politics/2021/07/30/doj-sues-texas-abbott-order-restricting-transportation-migrants/5437478001/
Effete Snob
(8,387 posts)That dispute, over an executive order Abbot issued interfering with the transport of migrants in federal custody, doesn't have anything to do with transporting persons who have had their initial claim processed and are free to travel.
LeftInTX
(25,562 posts)It's confusing.
Now LULAC is transporting some of the migrants as a way for them to avoid Abbott's buses. I'm pretty sure the buses which arrive in San Antonio will go to the Migrant Center, (which is a social services/shelter, which helps migrants for few days and tries to connect them with host families)
I do know it is not illegal to transport asylum seekers who have been released by ICE.
https://www.kvue.com/article/news/local/texas/lulac-buses-migrants-texas-busing-policy-abbott/269-6529255d-3e45-4e08-952a-90a83d5f7efb
bronxiteforever
(9,287 posts)NQAS
(10,749 posts)Im sure merrick garland will get to it right away. So there will be a statement every now and then, and an allusion in early 2024 to s possible indictment. Maybe. I dont think anyone in Florida needs to rearrange their schedules.
My disclaimer. I hope Im wrong, but
NQAS
(10,749 posts)Im sure merrick garland will get to it right away. So there will be a statement every now and then, and an allusion in early 2024 to s possible indictment. Maybe. I dont think anyone in Florida needs to rearrange their schedules.
My disclaimer. I hope Im wrong, but