OPINION: This article may contain commentary which reflects the author's opinion.
The legal wrangling over Republican Florida Gov. Ron DeSantis’ program to fly illegal immigrants to other states is headed to trial.
The DeSantis administration challenged the case, asking for it to be dismissed, by a Florida judge decided it could go to trial, the Epoch Times reported. Leon County Circuit Judge John Cooper decided not to dismiss a lawsuit brought by Democrat state Sen. Jason Pizzo in his decision on January 13.
“I think we need to just hear out these issues,” the judge said.
Taryn Fenske, the communications director for the governor, said that “states like Massachusetts, New York, and California will better facilitate the care of these individuals who they have invited into our country by incentivizing illegal immigration through their designation as ‘sanctuary states’ and support for the Biden administration’s open border policies.”
In September, Pizzo filed an emergency complaint for declaration and injunctive relief in the state’s 2nd Judicial Circuit in Leon County, Florida (pdf). The case—in which Pizzo asserts standing as a “citizen and taxpayer of the State of Florida”—names FDOT Chief Financial Officer Jimmy Patronis, FDOT Secretary Jared Perdue, and DeSantis as defendants.
Pizzo alleges a number of legal violations by DeSantis, including that the governor implemented his airlift through language in the annual state budget bill instead of through substantive law, which the Florida Constitution forbids. The complaint asserts that the Florida Constitution provides that “[n]o money shall be drawn from the treasury except in pursuance of appropriation made by law.” Pizzo contends that using state funds to transport illegal aliens into and out of Florida violates state law.
This month Gov. DeSantis ordered state National Guard troops to active duty on Friday as a surge of migrants in the Florida Keys continued. The GOP governor went on to blast President Joe Biden’s failure to tackle the issue, calling his overall response to the border and immigration crises “inept,” adding that the administration has “failed to provide the resources necessary to respond to the current mass migration event.”
His order also instructs Florida law enforcement and other state agencies to help local governments as they respond to the surge of migrant landings in South Florida.
“As the negative impacts of Biden’s lawless immigration policies continue unabated, the burden of the Biden administration’s failure falls on local law enforcement, who lack the resources to deal with the crisis,” said DeSantis. “That is why I am activating the National Guard and directing state resources to help alleviate the strain on local resources. When Biden continues to ignore his legal responsibilities, we will step in to support our communities.”
DeSantis calls up National Guard to meet Cuban refugee influx https://t.co/oPMpZb1D56
— Bo Snerdley (@BoSnerdley) January 7, 2023
The order adds:
It is particularly burdensome for the Monroe County Sheriff’s Office, which has 194 deputies, to dedicate the necessary resources to manage the movement of hundreds of migrants while also ensuring adequate public safety. The Biden Administration’s response has been inept, failing to provide the resources necessary to respond to the current mass migration event. Instead, the burden falls on local law enforcement, which puts Floridians at risk.
The State of Florida will deploy air assets, including airplanes and helicopters from the Florida National Guard, and will bolster Florida Fish and Wildlife Conservation Commission marine patrol to support water interdictions and ensure the safety of migrants attempting to reach Florida through the Florida Straits.
Florida has a long history of helping refugees, including Cubans and others fleeing communist regimes, find support after they arrive in the United States, however, this has always involved support from the Federal Government and a large, coordinated effort amongst state, federal, and local governments.
“Since August 2022, federal, state, and local law enforcement have encountered more than 8,000 migrants in waters off the coast of Florida,” the order noted further.
Reports said that Border Patrol agents encountered about 90 migrants from Cuba off the coast of the keys earlier this week. About 300 migrants entered Dry Tortugas National Park on Sunday, and an additional 45 migrants entered Key West on Sunday.
