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Not a lawyer but can the charter operators also be held accountable for the migrant moving actions (Original Post) ZonkerHarris Sep 2022 OP
Not a lawyer, but I think it depends on whether they knowingly solicited the business (unlikely) Bernardo de La Paz Sep 2022 #1
Perhaps... Bread and Circuses Sep 2022 #2
even on a charter flight a passenger manifest in mandated. ZonkerHarris Sep 2022 #3
Bused Migrants to NYC modrepub Sep 2022 #4
There's huge liability here ZonkerHarris Sep 2022 #5
Probably no more than the state of MA which transported them off of Martha's Vineyard Jose Garcia Sep 2022 #6
FYI That is not interstate travel. Also not done under false pretenses. ZonkerHarris Sep 2022 #7
What does the interstate aspect of it matter. Jose Garcia Sep 2022 #8
It is illegal to transport unregistered aliens across state lines. Abbott & DeSantis broke the law ZonkerHarris Sep 2022 #9
You have to read the whole thing Jose Garcia Sep 2022 #10

Bernardo de La Paz

(48,957 posts)
1. Not a lawyer, but I think it depends on whether they knowingly solicited the business (unlikely)
Fri Sep 16, 2022, 01:25 AM
Sep 2022

You operate an air charter. You get a call.

"Can you send about 50 people with one or two planes from Texas to Massachusetts by way of Florida?"

"Two planes, airport to airport."

"It's a deal."

"Who's going?"

"It's a group of people going up for job opportunities."

"Cool. I hope they have luck."

"Oh I'm sure they'll find something!"

At that point, the operator has no inkling of the crime and I think is absolved.



But if the operator calls up and says "I heard you're wanting to fly some migrants out of state and leave them in Massachusetts. Can you give me the details so I give you a quote to get that scum and vermin where you want. But you gotta keep them in line and no messing up the plane!"

That's being part of a conspiracy to traffic people.

I think.

Bread and Circuses

(133 posts)
2. Perhaps...
Fri Sep 16, 2022, 02:25 AM
Sep 2022

...the pilot, cabin staff would know that these were migrants and did not have identity documents to board plane. The issue can be resolved by the FBI visiting a few commuter airports and charter companies and asking questions. This will put the scare into everyone that they could be held responsible.

ZonkerHarris

(24,207 posts)
3. even on a charter flight a passenger manifest in mandated.
Fri Sep 16, 2022, 02:33 AM
Sep 2022

14 CFR 121.693(e), which is administered by the Federal Aviation
Administration (FAA), requires certificated operators of large aircraft
to collect passenger names for each scheduled and charter flight. The
provision does not, however, require full name of passengers or
additional information such as phone number of emergency contact. The
provision further states that the aircraft load manifest must include
passenger names ``unless such information is maintained by other
means'' by the carrier. In most cases, carriers use other means such as
the ticket lift.

https://www.govinfo.gov/content/pkg/CFR-2021-title14-vol4/xml/CFR-2021-title14-vol4-part212.xml

apparently it is required in case of accidents
https://www.law.cornell.edu/uscode/text/49/44909

modrepub

(3,491 posts)
4. Bused Migrants to NYC
Fri Sep 16, 2022, 04:32 AM
Sep 2022

Saw one of the groups helping these people in NYC report that there was a child on board who was diabetic and had been without insulin for multiple days. The bus from TX took a couple of days to reach NYC. Luckily there was a nurse among the group so the child was treated immediately.

If I was the bus operator, I wouldn't do that again. If there was a medical emergency and something really bad happened I'd be worried about my liability.

This is just cruelty for the sake of being cruel. In more common terms it's called being an a--hole.

ZonkerHarris

(24,207 posts)
7. FYI That is not interstate travel. Also not done under false pretenses.
Fri Sep 16, 2022, 01:55 PM
Sep 2022

You think those two actions were the same?

Jose Garcia

(2,583 posts)
8. What does the interstate aspect of it matter.
Fri Sep 16, 2022, 01:59 PM
Sep 2022

Of course the actions are not the same. But just because something is morally abhorrent doesn't mean it is illegal.

ZonkerHarris

(24,207 posts)
9. It is illegal to transport unregistered aliens across state lines. Abbott & DeSantis broke the law
Fri Sep 16, 2022, 02:12 PM
Sep 2022

MA did not.

#themoreyouknow

https://www.justice.gov/archives/jm/criminal-resource-manual-1907-title-8-usc-1324a-offenses

Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.

Jose Garcia

(2,583 posts)
10. You have to read the whole thing
Fri Sep 16, 2022, 02:27 PM
Sep 2022

Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.

What does that last part mean? It means that transporting them would promote their illegal entry into the US or staying here illegally.

Abbott has been busing people to NYC and DC for months. The feds haven't charged him. In fact, they haven't even gone to court to get an injunction to stop him from continuing to do so. Why? Because it isn't illegal.

Once again "morally abhorrent" does not always mean illegal.

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