A first-in-the-nation court ruling may have particular importance in the capital region for a group of 36 migrants who arrived in Sacramento nearly a year ago.
A federal judge in Boston ruled earlier this month migrants flown to Martha’s Vineyard almost two years ago can move forward with a lawsuit against the private plane company that transported them. The ruling determined the migrants sufficiently alleged multiple claims including “false imprisonment,” “emotional distress” and “civil rights conspiracy.”
“We should be concerned for the welfare and well being of the migrants that are being transported and we should take a closer look at the role that the transportation companies play in these schemes,” said Iván Espinoza-Madrigal, the executive director for Lawyers for Civil Rights, the Boston-based legal group representing the Martha’s Vineyard migrants.
The decision means the migrants can file a case against Vertol Systems Co., which was contracted by the state of Florida to carry out the flights. In her order, U.S. District Judge Allison Burroughs dismissed claims against Florida Gov. DeSantis and other members of his administration for jurisdictional reasons but condemned the actions of all involved.
“Unlike ICE (U.S. Immigration and Customs Enforcement) agents legitimately enforcing the country’s immigration laws … the court sees no legitimate purpose for rounding up highly vulnerable individuals on false pretenses and publicly injecting them into a divisive national debate,” wrote Burroughs.
The recent ruling could lead to potential legal options for immigrant rights groups and other migrants who have been transported across state lines.
“Martha’s Vineyard victory … provides a significant boost for pursuing potential action to safeguard the rights of immigrants affected by other forms of transportation,” Espinoza-Madrigal said.
The Martha’s Vineyard incident was part of DeSantis’ “relocation program,” and involved the migrants signing questionable consent forms and receiving promises of housing, work opportunities and legal help. Months later, in June 2023, Vertol transported another 36 migrants from New Mexico to Sacramento under similar circumstances.
Vertol declined a request for comment.
Multiple lawyers say, given the similarities in both incidents, Sacramento’s migrants can potentially pursue claims against the plane company as well.
“It seems to at least suggest that they may be able to sue them here in California,” said Brian Lopez, Sacramento-based immigration attorney.
For the Sacramento migrants, the main hurdle will be finding representation to explore their legal options. Any migrant hoping to pursue a lawsuit against Vetrol would need to reach out to an outside attorney or be approached by one.
Sacramento Family Unity, Education, and Legal Network, also known as the FUEL Network, paired immigration attorneys with the Sacramento migrants for a consultation in the weeks after they arrived. FUEL has not monitored the progress of those consultations or if attorneys continued with specific cases, said Marcus Tang, an immigration attorney with the California Rural Legal Assistance Foundation which is part of FUEL.
Tang speculated some attorneys might reach out to the migrants for financial gain, depending on the outcome of the Martha’s Vineyard migrants.
“If the Martha’s Vineyard cases end up ultimately successful, and that can help,” Tang said. “It can make it inspire some people.. on flip side, if it’s not successful, then it could it could have a chilling effect.”
On Wednesday, Boston-based Lawyers for Civil Rights issued letters to attorneys general in five regions to urge the reassessing of available legal options “to stop the reckless transportation of migrants into your jurisdiction.”
The letters were directed at California, Illinois, Massachusetts, New York and Washington, DC — all regions that continue to receive busloads of migrants.
California Attorney General Rob Bonta’s office, through an email statement, said it had not yet received the letter.
Last year, Gov. Gavin Newsom and Bonta levied multiple legal threats, including kidnapping charges, and promised to investigate whether DeSantis or Florida officials violated the law by moving the migrants to Sacramento. Legal experts had questioned grounds for a criminal kidnapping case.
Bonta’s office also filed a pair of public records requests — one to the office of DeSantis and one to the Florida Division of Emergency Management. The office did not respond to questions seeking updates on the public records requests and investigation last week.
“I hope that the latest developments in the Martha’s Vineyard case inspire legal action in other jurisdictions where claims may be appropriate,” Espinoza-Madrigal said.
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