While the company that Florida Republican Gov. Ron DeSantis used to transport migrants to Martha's Vineyard operates charter flights under approvals granted by the Federal Aviation Administration, there's likely little the agency can do to stop DeSantis from continuing the flights, Politico reports.
President Joe Biden and other Democrats have denounced the flights as inhumane publicity stunts, but people familiar with the FAA's legal authorities told the news outlet that its options are limited.
The FAA is restricted from intruding into the operations of charter companies by the same laws that give it broad power over air safety, and the migrant flights are probably not in violation of the FAA's regulations, former agency officials told Politico.
The FAA has been tight-lipped about the scope of its authority, telling Politico, "The FAA's mission is safety." The Department of Transportation, the FAA's parent organization, referred back to the agency's statement.
The situation reveals the limits of Biden's ability to push back against the growing group of bold GOP governors to send migrants to blue states and cities to give Democrat-run communities an idea of what living in a border town is like.
Texas Gov. Greg Abbott, who has recently bused thousands of migrants to New York City, Washington, D.C., and Chicago, and Arizona Gov. Doug Ducey are also taking the same approach.
On Tuesday, a civil rights law firm filed a federal class-action lawsuit against DeSantis over the migrants who arrived at Martha's Vineyard on Sept. 14 after being transported from Texas, and several Democrats have called on the Justice Department to investigate the migrant flights.
People with knowledge of the agency told Politico that the FAA is ill-equipped to lead the charge.
"I don't see FAA in this at all,"one former agency official told the outlet. The official was granted anonymity by Politico.
The FAA issues a certificate for a charter service to operate after it deems the company's fleet airworthy and determines its maintenance and operations practices are safe.
The company must also show adequate financial backing to serve customers and be issued a separate certificate by the DOT.
The FAA considers a charter company a "rogue operator" if it flies without these approvals and "works aggressively to identify and shut down.”
Ultimate JetCharters, the company that was subcontracted to conduct the Martha's Vineyard flights, received federal approval in 1984, according to the National Air Transportation Association.
Flight and maintenance-training company Vertol Systems Co. was paid $615,000 by the state of Florida to facilitate the flights, according to Politico. The funds came out of a $12 million budget allocation approved by the Florida Legislature to transport migrants.
The FAA possesses some authority to regulate what commercial planes carry and to punish carriers who break the rules. However, those rules mainly relate to cargo, especially hazardous materials.
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