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S£ Research Service
Transportation of Migrants Facilitated by
States
October 20, 2022
On September 15, 2022, two planes landed at the airport in Martha's Vineyard, MA, with approximately
50 non-U.S. nationals (aliens, as the term is used in the Immigration and Nationality Act [INA]) who had
been released from Department of Homeland Security (DHS) custody. DHS placed the individuals into
immigration removal proceedings, but released them from physical custody pending scheduled
immigration court hearings, where those individuals may seek asylum. After release, the migrants were
flown from Texas to Massachusetts, reportedly at the State of Florida's expense.
Since April, Texas has been using state funds to finance bus travel for released aliens in Texas to areas
such as the District of Columbia, New York, and Chicago. The State of Arizona has also funded the travel
of aliens from that state to Washington, DC. As of mid-September, more than 13,000 aliens had been
transported out of Texas and Arizona.
Certain aliens are required by law to be detained during removal proceedings. However, DHS has the
discretion to release others, including many apprehended at the border, while their proceedings are
pending. Nondetained aliens may receive assistance from nonprofit organizations and local governments
(some of which is financed through the Federal Emergency Management Agency) for necessities such as
shelter and food, and sometimes for transportation. This assistance can aid in dispersing large groups of
migrants away from the border.
The transportation of aliens from the border to other parts of the country is not a new occurrence. The
federal government relocates aliens between DHS facilities for processing, and has also bused
nondetained aliens to other U.S. regions. The recent transportation arranged by states, however, may raise
several questions under federal law. This Insight examines two legal questions with respect to states'
recent actions-whether they raise federalism concerns, and whether certain federal criminal statutes may
apply. Although not addressed in this Insight, some have claimed that state transportation of aliens may
violate state laws. In addition, at least one lawsuit has been filed against the State of Florida and Florida
officials by some affected individuals raising federal civil rights claims, among other things.
Congressional Research Service
https://crsreports. congress.gov
IN12034
CRS INSIGHT
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govejbl0001&div=1&collection=&method=preview&ext=.png&size=3)
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