- April 19, 2024
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A high-profile lawsuit challenging Gov. Ron DeSantis’ use of state funds to transport about 50 migrants from Texas to Martha's Vineyard was derailed this week, after the Florida Legislature passed a law that effectively sought to nix the case.
The lawsuit contended that part of the state budget used to pay for the September charter flights was unconstitutional. Sen. Jason Pizzo, a Hollywood Democrat who is an attorney, filed a legal challenge alleging that section of the budget created a new program and changed laws about issues such as contracting.
But Leon County Circuit Judge John Cooper dismissed the lawsuit Wednesday, citing recent legislative changes. The new law repealed the part of the budget that was used as a basis for the flights and created the Unauthorized Alien Transport Program in state law.
Cooper said the dismissal should not be construed as a decision on the constitutional issues in the case.
“Each side can take what they wish,” Cooper said.
Cooper’s ruling followed arguments by attorneys for DeSantis’ administration that the challenge was rendered moot by the law, which came out of a special legislative session that dealt with a range of issues. Lawyers for the administration filed a motion to dismiss after DeSantis signed the bill last week.
“Here, it is indisputable that SB 6-B repeals (the section of the budget),” the motion to dismiss said. “Moreover, by repealing (the section) the Legislature effectively gave plaintiff (Pizzo) precisely what he requested. It eliminated the challenged appropriation, which allegedly amended substantive law, thereby ensuring it cannot be used to transfer unauthorized aliens.”
Cooper dismissed the lawsuit after Pizzo’s attorney, Mark Herron, acknowledged that it should end.
Pizzo, who’s next in line to take over as the Senate’s minority leader, briefly addressed the judge Wednesday and said he achieved what he sought in the lawsuit, at least in part because it spurred the Legislature to make changes.
“We got what we asked for,” he said.
DeSantis, who is a potential 2024 presidential candidate, frequently criticizes Democratic President Joe Biden on border and immigration issues. A day after the lawsuit was tossed out, the governor called for state lawmakers to pass a series of proposals that include stiffer penalties for smuggling people into Florida and expanding use of the federal E-Verify employment-eligibility system.
“I think we're going to be able to do more in the next couple of months, when the Legislature reconvenes, than anyone's been able to do in the modern history of Florida,” DeSantis said during an appearance in Jacksonville.
But the proposals likely will be controversial, with the Southern Poverty Law Center Action Fund quickly blasting DeSantis on Thursday.
“DeSantis’ xenophobic policies place Florida residents — regardless of immigration status — in danger of unfair targeting and racial profiling,” A.J. Hernández Anderson, senior supervising attorney for the organization, said in a prepared statement.
