Humans Not Commerce

An Analysis of Contemporary Venezuelan Immigration

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Publishing October 30, 2024

Analysis written by Victoria Rens

Unlawfully transporting individuals against their will is simply inconceivable. Historically, any instances of human rights violations– Japanese Internment Camps, the Holocaust, the Transatlantic Slave trade – were globally condemned, and the twenty-first century should not be the generation to derail to this trajectory. The very notion of human  “recruitment” to be “transported” to an undisclosed location is foreign and unacceptable at any point in human history. Migrants seeking refuge in a developed country deserve more than treatment verging glorified exchange of commerce across state lines. Movement should and must always be voluntary. The United States ensures this through the Bill of Rights, explicitly stated in the Fourth Amendment (protection against unlawful seizure) and is affirmed by the Fourteenth Amendment, guaranteeing due process and application of laws to everyone. 

Venezuelans are fleeing their home country in masses. A tumultuous history of corruption in conjunction with the world’s highest inflation rate results in a lack of resources and structure that are expected from a national government. Many immigrants find themselves in southern border American states, thanks to their closer geographic proximity. However, the political turmoil festering in these states can be detrimental to sociological dynamics between migrants and U.S. citizens. Florida has institutionalized procedures to mitigate the crisis. Many argue that these efforts are unorthodox and shameful to American tenets of inclusivity and liberty. Florida Governor Ron DeSantis pioneered Florida’s SB 6-B Law, which permits the transport of unauthorized aliens within the United States.

The initiative to mobilize Venezuelan immigrants arose from Florida’s SB 6-B Law: an “inspect[ion] of unauthorized alien[s]... with the Division of Emergency Management within the Executive Office of the Governor to facilitate the transport of inspected unauthorized aliens within the United States” [ECF No. 86 at 13 (citing SB 6-B § 1(1))] (1). Effectively, this statute allows the evaluation of an individual’s citizenship status and official action to displace them. To comply with the jurisdiction of this statute, DeSantis’ administration ensured a brief aircraft landing in Florida to satisfy the applicability of this statute.

Plaintiffs in the civil suit – Yanet, Pablo, and Jesus – claim physical and emotional distress caused by the coerced transportation from Texas, to Florida, the Carolinas, and ultimately, Martha’s Vineyard, Massachusetts. The only viable defendant – Vertol Systems Company, Inc. (“Vertol”), a corporation based and operating from Florida that coordinated flights – rejects claims of association; furthermore, Vertol argues against association with the government, dismissing the notion of it operating as a state actor. The majority of the plaintiffs’ claims rely on the unlawful proceedings that took place in Massachusetts – the court affirms this and denies the defendants, Vertol Airlines, attempts to dismiss the notion that it could not be held liable.

Ultimately, the court affirms a case against Vertol for various counts including Constitutional violations of the Fourth and Fourteenth Amendments. This case, however, represents more than a victory for just immigrants; Alianza Am’s v. Desantis… and Vertol Systems Company, Inc. represents and embodies the hardships of the 12th-largest population of Hispanic origin in the United State (2). Venezuelans migrate to the U.S. in herds, not out of desire, but rather out of desperation, hunger, vulnerability, and trauma. 

Similarly, other legislative efforts were enacted around the same time: former President Trump introduced Executive Order No. 13,769 which effectively denied entry for 90 days to seven foreign nations. This move was motivated by a desire to minimize the number of refugees who are often perceived as threats to national security, in this case, people of Middle-Eastern descent. The Supreme Court ruled in favor of the president's enumerated powers to enforce such legislation. Thus, effectively propagating the marginalization of minority populations that segregate and stigmatize them to the point of fearing for their livelihood. This Executive Order functionally creates a precedent for the future barring certain nationalities from entering the United States – who’s to say which community, ethnicity, religion, or group is next?

Immigration has turned into a polarized issue for Americans, who sympathize with those who have no one else to turn to. As citizens, and more importantly, as humans, it begs the question: at what cost does one turn away those in need? Is the United States willing to allow human beings to be piled into a plane and sent to an isolated island? When viewed in this light, it is almost impossible to condone this behavior. Legislation and its tolerance are key factors in the outcome of these individuals’ lives. It is crucial to analyze the implications of these laws at face value and determine whether or not they coincide with the American Constitution, and more importantly, humanitarian expectations.

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(1) United States District Court of Massachusetts citation: See Aliana Americas, Yanet Doe, Pablo Doe, and Jesus Doe v. Vertol Systems Company INC.

(2) Moslimani, Mohamad. “Facts on Hispanics of Venezuelan Origin in the United States, 2021.” Pew Research Center, August 16, 2023. https://www.pewresearch.org/race-and-ethnicity/fact-sheet/us-hispanics-facts-on-venezuelan-origin-latinos/#:~:text=Venezuelans%20are%20the%2012th%2Dlargest,growing%20from%2095%2C000%20to%20640%2C000.