Exclusive: What Florida officials asked migrants to sign before boarding Sacramento flights

Details have emerged about the release form that Florida state officials and a contractor gave to migrants to sign before boarding a pair of flights to Sacramento earlier this month, raising new questions about what the Latin American passengers were told before getting on a plane.

A release form given to each of the 36 migrants who were flown from El Paso, Texas, to the capital region was shared with The Sacramento Bee during an interview Friday with some of the migrants, who agreed to speak on the condition of anonymity because of fear of reprisal and threats.

The migrant who shared the document, which was printed in English and Spanish, told The Bee that while he refused to sign the document he gave verbal consent before he was transported by Vertol Systems Co., a contractor for the Florida Division of Emergency Services.

Officials for Florida Gov. Ron DeSantis, whose administration has confirmed it was responsible for the pair of flights June 2 and June 5 that ferried 20 and 16 passengers, respectively, from Texas to Sacramento-area airports with a stop in New Mexico, said in statements earlier this month that the flights were part of Florida’s “voluntary relocation” program for migrants and that all 36 consented.

“Through verbal and written consent, these volunteers indicated they wanted to go to California,” DeSantis spokeswoman Amelia Johnson said in an emailed statement to The Bee.

DeSantis officials also shared a link to a Rumble video purporting to show the migrants signing waivers and boarding the plane to California; the video does not identify the people who speak in the video, and The Bee was unable to confirm the veracity of the video.

The migrants who arrived in Sacramento were taken to the doorstep of the Roman Catholic Diocese of Sacramento. Gabby Trejo, the executive director of a collaboration of area religious congregations called Sacramento ACT, said the migrants “were lied to,” and were given the impression that they “were going to be heading to a location where they were going to get help and work.”

A clause within the release form obtained by The Bee, however, states that “no representations or promises were made regarding employment, benefits, health care, immigration status, immigration assistance, housing, clothing, food, services, or any consideration of any sort, were made to me to obtain my consent to participate in this program, or to sign this Consent and Release.”

California Attorney General Rob Bonta said his office is investigating the legality of the documents as part of the state Department of Justice’s wider investigation of whether DeSantis or Florida officials violated the law by moving the migrants.

Bonta on Wednesday filed requests with Florida for two public records, one to DeSantis’ office and one to the Florida Division of Emergency Services, seeking unredacted copies of documents related to the migrant flights as well as the state’s communications with Vertol and other contractors potentially involved in the process.

A promise not to sue Florida

Sacramento attorney Mark Reichel, who has handled human trafficking cases in federal court, said the forms provided to the migrants raise serious legal questions, particularly the promise not to sue Florida.

“What do they do if the plane crashes on the way to California, they can’t sue after that?” Reichel said.

He also questioned the circumstances under which the forms were presented to the migrants and the explanations they were given.

“Did they provide independent counsel to review those forms for them?” Reichel asked. “Are they free to change their mind?

“Suppose 15 miles down the road they decide they don’t want to do this anymore. They’re not free to change their mind.

“If they absolutely agree, if they fully know what’s going to happen and can change their mind, you may be able to do it. But there’s no way these state actors are going to tell them the truth about everything.”

Reichel added that having someone move from one place to another without their consent and a full understanding of what is happening also could be illegal.

“You can’t move somebody 100 feet against their will, and against their will would include subterfuge and fraud,” he said. “These guys can put someone on a plane and send them to another state and there’s nothing we can do about it?”

Read the release Florida asked migrants to sign

The following is the text of the release, as provided to The Bee; bold and italic notations are maintained from the original document:

CONSENT AND RELEASE FOR TRANSPORTATION SERVICES

Instructions: Please read each statement carefully and initial before each statement indicating your acknowledgment, consent and agreement to each statement

My name is _____________ (insert name). My OHS Alien Number is _______ _ (insert OHS alien number). I want to participate in the State of Florida’s voluntary transportation program. I understand that this program is administered by the Florida Division of Emergency Management (“Division”). I understand that a contractor for this program is Vertol Systems Company, Inc. These parties are referred to below as the Transporting Party.

▪ I am 18 years or older. I am literate. I can read and understand this Consent and Release. I have read and understood this Consent and Release. I am not under the influence of alcohol or drugs. I have no physical or mental conditions that have prevented me from reading and understanding this Consent and Release. The statements I am making in this Consent and Release are truthful.

▪ I have been processed and released by the United States Government, and the U.S. Government has informed me that I am authorized and free to travel within the United States.

▪ I understand that I am being provided air and/or bus transportation free of charge to me as outlined below in return for signing this document.

▪ I confirm the only promise or representation relied on by me in signing this Consent and Release is that I will be flown by the Transporting Party at no expense to me from Las Cruces, New Mexico to Sacramento, California, and that upon landing, I will be transported by the Transporting Party by bus or other vehicle at no expense to me to Catholic Charities of California.

▪ I understand that advance notice of my transport may or may not be given to anyone at this destination.

▪ It is my decision to be a part of the voluntary transportation program. I made my decision under no duress, and without any coercion from anyone. I understand participation in this program is completely voluntary and that I can withdraw at any time.

▪ I understand that I may be videotaped, and audio recorded by the Transporting Party in connection with program. I consent to such videotaping and/or audio recording.

▪ I understand this document, including my name, any videotapes or audio recordings of me, and anything else relating to my participation in the program may become a public record under Florida law.

▪ I assume sole responsibility for complying with all federal, state, and local laws. This includes, without limitation all U.S. immigration laws, as well as any requirements to appear for immigration proceedings, or to notify the United States Government of a change of my address.

▪ I am not in possession of any weapons or illegal substances, and I consent to being searched and screened at any time during my participation in this voluntary transportation program.

▪ My decision to participate in Florida’s voluntary transportation program was not made in reliance on any oral or written statements or representations from any person other than those expressly contained in this Consent and Release. No representations or promises were made regarding employment, benefits, health care, immigration status, immigration assistance, housing, clothing, food, services, or any consideration of any sort, were made to me to obtain my consent to participate in this program, or to sign this Consent and Release.

▪ I know there is inherent risk and danger in air and ground transportation.

▪ I agree, in exchange for this free transportation, to not bring any lawsuits against the State of Florida or any of its division, employees, contractors, subcontractors, agents, and representatives for any claim arising from, or related to, my participation in this voluntary relocation program. I waive all claims and causes of action whatsoever of any kind, whether in contract, tort, statutory, constitutional, or other basis for any such claims, that I may now have, on the future have, related to or arising out of my participation in this voluntary program. This waiver and release include, but is not limited to, any claims arising from negligence on the part of the State of Florida, the Division, or any employee, agent, contractor, subcontractor or representative of the State of Florida or the Division, including, without limitation, the Transporting Party and its employees, contractors, subcontractors, agents, and representatives.

▪ I acknowledge that the State Courts of Florida shall be the exclusive jurisdiction, and Escambia Couny, Florida, shall be the exclusive venue, for any action by me, or on my behalf, or against me, that arises from, or is in any manner related to this Consent and Release, or my participation in this voluntary transportation program. In the event this exclusive jurisdiction in a Florida State Court is not enforced, I agree, in the alternative, that the exclusive venue and jurisdiction shall be the U.S. District Court of the Northern District of Florida, Pensacola Division. I agree that Florida law shall govern any such claims, including, without limitation, the legality, interpretation, and enforcement of this Consent and Release or any claim in connection with my participation in this voluntary transportation program. Florida law shall govern without reference to Florida’s choice of law provisions.

▪ In the event any portion of this Consent and Release is deemed unenforceable, all other provisions shall continue to have full force and effect. This document is being provided in Spanish and English. In the event there is any ambiguity in the terms of one over the other, the terms of the English document shall prevail.

I hereby acknowledge, consent, and agree that I have read, fully understand, and fully agree to all of the terms and conditions of this Consent and Release.

The form ends with lines for a signature, name and date, as well as a place for the name of a witness.

The Bee’s Michael McGough and Sam Stanton contributed to this story.