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---
title: Republicans Shipping Migrants Is an Attack on Constitution
description: Governors DeSantis, Ducey, and Abbott are subverting the U.S. Constitution by shipping immigrants around the country
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article:published_time: 2022-09-23T10:00:27.000Z
article:modified_time: 2026-02-24T14:48:00.868Z
article:section: Ideas
og:title: Republican Governors Shipping Migrants Around the Country Is a Disturbing Attack on the Constitution
og:description: Governors DeSantis, Ducey, and Abbott are subverting the U.S. Constitution by shipping immigrants around the country
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og:image:alt: Edgartown, MA - September 16, 2022: An underage undocumented im
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twitter:description: Governors DeSantis, Ducey, and Abbott are subverting the U.S. Constitution by shipping immigrants around the country
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# Republican Governors Shipping Migrants Around the Country Is a Disturbing Attack on the Constitution

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by 

[Heidi Li Feldman](https://time.com/author/heidi-li-feldman/)


## Heidi Li Feldman


Sep 23, 2022 10:00 AM UTC

![Edgartown, MA - September 16, 2022: An underage undocumented im](https://static.time.com/v3/assets/bltea6093859af6183b/blt16f1fa3a97b4076a/698a35ad01168273a6982487/GettyImages-1243291443.jpg?branch=production&width=1200&quality=75&auto=webp&crop=3:2)

Edgartown, MA - September 16, 2022: An underage undocumented immigrant (center) is loaded onto a bus to be transported off Marthas Vineyard with dozens of other undocumented immigrants.

Edgartown, MA - September 16, 2022: An underage undocumented immigrant (center) is loaded onto a bus to be transported off Marthas Vineyard with dozens of other undocumented immigrants.Dominic Chavez-The Washington Post/ Getty Images

by 

[Heidi Li Feldman](https://time.com/author/heidi-li-feldman/)


## Heidi Li Feldman


Sep 23, 2022 10:00 AM UTC

Last week, Florida’s governor, Ron DeSantis, [paid](https://www.tampabay.com/news/florida-politics/2022/09/16/what-know-about-desantis-migrant-flights-marthas-vineyard/) a private charter company to [fly migrants](https://www.businessinsider.com/florida-paid-aviation-company-615000-transport-migrants-marthas-vineyard-2022-9) from San Antonio, Texas to [Martha’s Vineyard](https://www.masslive.com/capecod/2022/09/flights-carrying-migrants-to-marthas-vineyard-were-private-jet-charters-originating-in-texas.html), Massachusetts. As [more facts](https://www.nytimes.com/2022/09/16/us/politics/migrants-marthas-vineyard.html) have [come to light](https://www.nbcnews.com/politics/immigration/migrants-landed-marthas-vineyard-tricked-misleading-brochure-lawyers-s-rcna48390) about how migrants were [deceived](https://www.tallahassee.com/story/news/politics/2022/09/19/critics-ron-desantis-lured-migrants-marthas-vineyard-terrible-lie/10424956002/) into taking these flights, one civil [lawsuit](https://www.nytimes.com/2022/09/20/us/desantis-migrants-lawsuit.html) seeking damages on behalf of the migrants has already been brought against DeSantis. He may also be [subject](https://www.miamiherald.com/news/local/immigration/article266044016.html) to [criminal](https://www.tallahassee.com/story/news/2022/09/19/bexar-county-sheriff-investigate-migrant-flights-ron-desantis-javier-salazar/10431544002/) prosecution.

Politics and elected office aside, it is unlawful to lure people to travel by lying to them about their destination and making false promises about the benefits available upon arrival. But DeSantis’ actions were not merely the conduct of a person hiring a private plane and tricking people into traveling out of state. They were efforts by a Republican red-state governor to [protest](https://www.cbsnews.com/chicago/news/texas-gov-greg-abbott-sends-bus-of-migrants-to-chicago/) federal immigration law and policy by shipping migrants to a progressive state in order to create disruption there.

DeSantis’ flights resemble trips sponsored by other red-state Republican governors this summer. For [months](https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2022/08/23/gop-governors-bus-migrants-to-blue-cities-but-many-exit-in-red-states), Arizona Gov. Doug Ducey and Texas Gov. Greg Abbott have been [hiring](https://www.kold.com/2022/09/16/arizona-has-bused-nearly-2000-migrants-border/) [buses](https://tucson.com/news/local/arizona-follows-texas-starts-busing-migrants-to-d-c/article%5Ff7d36722-d177-11ec-be14-bbfcbb28c0fd.html) to take migrants out of their states to [Illinois](https://www.texastribune.org/2022/08/31/texas-12-million-migrant-busing-program/), [New York](https://www.cnn.com/2022/08/30/politics/texas-migrant-busing-cost-abbott-washington-dc-new-york/index.html) and [Washington, D.C](https://thehill.com/homenews/state-watch/3644496-abbott-sends-2-buses-of-immigrants-to-harris-dc-residence/). Their avowed purpose, like DeSantis’, was to [sow discord](https://www.nytimes.com/2022/09/15/us/desantis-abbott-migrants-immigration.html) and [disturbance](https://www.vanityfair.com/news/2022/08/gop-governors-created-a-migrant-crisis-in-washington) in liberal states and cities.

[President Biden](https://www.laprensalatina.com/biden-slams-republicans-for-using-immigrants-as-props-in-political-stunts/) and others have derided these trips, as well as the ones arranged by DeSantis, as “[political stunts](https://www.washingtonpost.com/dc-md-va/2022/07/14/migrant-buses-dc-bowser-silence/).” They are more disturbing than that. They are lawless acts, deliberate attempts by some states, acting through their governors, to contravene the basic premise and purpose of the union established by the U.S. Constitution.

States have always had to find ways to coexist even when they have divergent interests or policy preferences. The Constitution itself was adopted to resolve coordination difficulties the states had in matters such as [national defense](https://constitution.congress.gov/constitution/preamble/), the conduct of [foreign affairs](https://crsreports.congress.gov/product/pdf/LSB/LSB10808), the [creation](https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-5/coinage-power) of a [common](https://www.law.cornell.edu/constitution/articlei#section10) currency, and [financing a national government](https://www.archives.gov/founding-docs/constitution/how-did-it-happen). The [federal courts](https://www.law.cornell.edu/constitution/articleiii), also established by the Constitution and further [developed](https://www.archives.gov/milestone-documents/federal-judiciary-act) by Congress, provide another avenue where states can peacefully and lawfully resolve their differences, [adjudicating](https://law.justia.com/constitution/us/article-3/29-suits-between-two-or-more-states.html) particular disputes that arise between them. Even before such fights ripen into lawsuits, states, like individuals, sometimes need to negotiate terms of cooperation with one another. There is an established legal mechanism for doing this, called an [interstate compact](https://ballotpedia.org/Interstate%5Fcompact). It, too, is rooted in the United States Constitution, which has been interpreted by federal courts to set [ground rules](https://compacts.csg.org/faq/) for ensuring such state-to-state agreements have the assent of the federal government.


[Texas](https://ballotpedia.org/Interstate%5Fcompacts%5Fby%5Fstate#Texas), [Arizona](https://ballotpedia.org/Interstate%5Fcompacts%5Fby%5Fstate#Arizona), and [Florida](https://ballotpedia.org/Interstate%5Fcompacts%5Fby%5Fstate#Florida) are all already party to numerous interstate compacts, spanning everything from multistate lotteries to water apportionment to child custody and adoption to professional licensing. Had Abbott, Ducey and DeSantis been trying to develop multistate mechanisms for accommodating asylum seekers and other lawful migrants, they could have approached their counterparts in other states to hash out an agreed upon plan.

Instead, Abbott, Ducey, and now DeSantis have chosen to ambush the governments of sister states by [surprising](https://www.npr.org/2022/08/04/1115542034/texas-and-arizona-are-sending-migrants-to-d-c-without-formal-support-in-place) [them](https://abcnews.go.com/US/texas-gov-greg-abbott-doubles-busing-migrants-nyc/story?id=88541210) with the arrival of busloads and planeloads of migrants at unannounced times and places. They have refused requests from [mayors](https://www.politico.com/news/2022/08/07/eric-adams-texas-migrants-new-york-00050235) in other states to work together. The buses and planes sent by Abbott, Ducey, and DeSantis discharge their passengers wherever will get the most [press coverage](https://www.foxnews.com/us/texas-gov-greg-abbott-migrants-capitol-dc) or will cause [inconvenience](https://www.cnn.com/2022/07/29/politics/muriel-bowser-migrants) and [difficulties](https://www.axios.com/2022/09/16/migrants-desantis-abbott-ducey) for residents and government responders.


The U.S. Constitution does not explicitly forbid one state from purposely creating disorder in another. But attempts to do this subvert [one basic premise](https://constitution.congress.gov/constitution/preamble/) for joining together in legal union: peaceful, cooperative co-existence among states, as well as between them and the federal government. As state governors, Ducey, Abbott, and DeSantis have acted extra-constitutionally, even anti-constitutionally. While they have not launched armed attacks on other states or the federal government, they have shown a refusal to participate in the basic design and ambition of the American constitutional union. That is a step toward secession.

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