Clarifying nuances in immigration law after Ron DeSantis sent migrants to Martha’s Vineyard

Florida's Republican Gov. Ron DeSantis used state taxpayers' money to relocate about 50 migrants from Texas to Martha's Vineyard, Massachusetts.

DeSantis accuses President Joe Biden of not doing enough to secure the southern border. He said that many of the people who arrive there intend to go to Florida — and aren't welcome.

"Our message to them is we are not a sanctuary state, and it's better to be able to go to a sanctuary jurisdiction," DeSantis said Sept. 15, a day after two planes took Venezuelans to Martha's Vineyard. "And yes, we will help facilitate that transport for you to be able to go to greener pastures."

The migrants were in San Antonio before being flown to Florida and then to Martha's Vineyard.

DeSantis' move — similar to what other Republican governors have done — has drawn a lot of national attention, misinformation and confusion. Here, we'll sort out what we know about the immigrants at the center of this story and the related laws and policies.

Venezuelans sent to Martha's Vineyard intend to apply for asylum

Most of the migrants received humanitarian parole after entering the U.S. and plan to apply for asylum, lawyers representing the migrants told PolitiFact. Humanitarian parole allows people to remain in the U.S. temporarily for a compelling emergency.

In general, the parole can be granted for any "urgent humanitarian reasons," including protection from targeted or individualized harm. The lawsuit said some of the migrants fled to the U.S. to protect themselves and their families from "state-sponsored violence."

"We are still ascertaining the circumstances surrounding parole," said Iván Espinoza-Madrigal, executive director of Lawyers for Civil Rights, which represents 30 of the migrants. "I suspect the designation was made based on their hardship coupled with their nationality: the crisis in Venezuela is well-known and documented."

Venezuela's authoritarian leader, Nicolás Maduro, assumed office in 2013. The country has experienced rampant inflation, human rights abuses and dwindling food and supplies.

Lawyers representing the migrants shared a brochure that they say Florida officials gave the migrants before they left Texas. The leaflet mentioned housing assistance, cash assistance, and other support.

DeSantis' office confirmed the brochure's authenticity, which is about benefits available to refugees. (The Venezuelan migrants are not refugees under immigration law.)

On Sept. 20, three of the migrants sued DeSantis, alleging that they were misled about the resources they'd be eligible for in Martha's Vineyard.

People granted humanitarian parole are generally ineligible for public benefits.

The Office of Refugee Resettlement in the U.S. Department of Health and Human Services provides several federally funded benefits to refugees and people granted asylum, including cash assistance and short term medical coverage.

Refugees are eligible for those benefits upon their arrival, but asylum seekers are not eligible until their application is approved, said Kathleen Bush-Joseph, associate policy analyst for the nonpartisan Migration Policy Institute.

People granted asylum and refugees are legally allowed to work in the United States.