Florida Gov. Ron DeSantis took credit for transporting migrants who arrived in the U.S. from Venezuela to Martha's Vineyard, Massachusetts, despite a federal statute that prohibits the transport of migrants.

Immigration DeSantis Flights

Immigrants gather with their belongings outside of a church.

Ray Ewing/Vineyard Gazette 2022

A group of approximately 50 migrants arrived in Martha's Vineyard Wednesday, though the migrants said they had been in San Antonio, Texas, prior to the flight.

There is a federal statute that prohibits transporting or attempting to transport immigrants who have come to, entered, or remains in the country.

The statute used to prosecute traffickers would not apply in this case since the migrants were already released by the Department of Homeland Security and allowed to remain in the U.S.

The suggestion of illegality to PolitiFact was shot down by legal experts.

The National Immigration Project of the National Lawyers Guild found that transporting a migrant isn't enough to violate the transport provisions of 8 USC 1324.

If a person was helping the migrant remain undetected by immigration authorities, but not if they were transporting them to their place of work, the law would apply.

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It is possible that transporting migrants to Martha's Vineyard could be in violation of federal or state rules. According to the Miami Herald, the state program that DeSantis used to charter flights to Martha's Vineyard only allowed the government to transport unauthorized aliens from this state. It is only legal to take migrants who have been released from government custody if they are willing to do so. The governor of California asked the Justice Department to look into the incident as a result of it. The DOJ was asked to investigate if the migrants were discriminated against because of their national origin. The White House Press Secretary said Thursday that any questions about legal actions would be dealt with by the Justice Department.

Key Background

Unscrupulous immigrants should be sent to sanctuary cities and Democratic-controlled areas in order to protest against the influx of migrants at the border, according to two politicians. After sending thousands of migrants to New York, Chicago and Washington, D.C., Abbott decided to send them to Martha's Vineyard, an island with less resources to absorb them. The White House slammed the GOP governors' "political stunt" of forcing migrants into Democratic-controlled areas as a tactic to criticize the Biden Administration's immigration strategy. The governor of Massachusetts said Thursday that the state would set up a temporary shelter for the migrants.

A man claims credit for the arrival of dozens of migrants from Venezuela.

Immigrants arriving at the border will be transported by Greg Abbott. Is that allowed? There is aPolitiFact.

Under 8 U.S.C. 1324(a) there are federal offenses of harboring, transportation, and Smuggling.