DeSantis Migrant Flight Stunt Backfires as ‘Victim Visas’ Granted Allowing Them to Avoid Deportation and Work in U.S.

AP Photo/Charlie Neibergall

Florida Gov. Ron DeSantis (R) tried to play immigration hardliner as he plotted for his 2024 presidential campaign, but one of his most notorious efforts seems to have backfired in a spectacularly ironic fashion, as the migrants he had transported on taxpayer-funded private charter planes from Texas to Martha’s Vineyard are now qualifying for “victim visas” to stay in the U.S. and work here.

DeSantis made headlines in September 2022 with his migrant flight stunt, using a loophole to tap into federal Covid-19 stimulus funds, and quickly drawing accusations that Florida and federal laws were violated. Critics questioned why the governor had not sought migrants in Florida; DeSantis claimed he sought migrants in Texas, not Florida, because they were easier to find as they gathered in cities just across the border with Mexico. Skeptics noted this was occurring a few months before DeSantis was up for re-election in November 2022 and the visual of Cuban or Haitian grandmas crying on Miami television about deported relatives would not have been politically helpful for him.

Multiple media outlets reported that the Venezuelan migrants had been approached in San Antonio and promised a free hotel room and food, and then offered transportation to somewhere they could get jobs, being presented with forms to sign that were not translated from English. The migrants’ accusations that they were tricked led to Bexar County Sheriff Javier Salazar filing a criminal case with the county district attorney for unlawful restraint. The Bexar District Attorney has not yet publicly announced any decision on the matter.

On Monday, the Miami Herald reported that some of these 49 migrants “are now able to legally work in the United States and have temporary protections from deportation — because they are considered victims of a potential crime,” according to the migrants’ attorney, Rachel Self.

When Salazar filed the criminal case with the D.A., he also granted each affected migrant the certification needed to apply for a U visa, or “victim visa,” which is designated “for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity,” according to U.S. Citizenship and Immigration Services.

This month, reported the Herald, some of the migrants’ U visa petitions were granted “bona fide determination” status, protecting them from deportation until their visa is granted and allowing them to obtain temporary work permits.

The Herald’s reporting noted it was “not immediately clear” how many of this group of migrants had received this status, but they could potentially stay in the U.S. for a long time, with Congress only permitting 10,000 U visas per year, “thousands” of applicants on a waiting list, and the bona fide determination giving them protection from deportation while they wait.

A U visa “can eventually lead to permanent lawful status in the United States,” according to the Herald.

It isn’t known how many of the migrants might have otherwise been able to establish they qualified for asylum or some other type of immigration status that would have allowed them to stay in the U.S. if they had not been granted the U visa bona fide determination status.

This is an opinion piece. The views expressed in this article are those of just the author.