New York Democratic lawmakers want to target commercial air carriers who provide deportation flights for U.S. Immigration and Customs Enforcement, as the Trump administration continues its efforts to deport people it accuses of being criminal migrants, as well as immigrants illegally in the country. The bill is called the “State Airport Facilities Enforcing Accountability in Immigration Removals Act,” or SAFE AIR Act, and is sponsored by Democratic New York state Sen. Patricia Fahy, D-Albany, and assembly member Michaelle Solages.
Why now?
The legislation was inspired by an announcement recently by Avelo Airlines. The low-cost airline, which, as Straight Arrow News reported, said it will begin deportation flights for ICE. In defending the decision, the budget airline agreed to operate deportation flights out of Arizona starting in May.
Avelo’s role
Avelo’s CEO said the opportunity was too good to pass up and said it would provide reliable money for the airline that is still trying to break into the market, with its first flight coming in 2021.
Commercial airlines have reportedly made millions of dollars through ICE flights throughout the Biden and Trump administrations.
What are the proposed penalties?
Under the proposed bill, air carriers that work in compliance with what Democrats see as potentially questionable deportations may be denied future state contracts, state grants and jet fuel tax exemptions.
Fahy says it’s meant to put pressure on airlines that participate in these flights. Fahy called the jet fuel tax exemption a particularly “powerful financial incentive,” saying it offers roughly $170 million in yearly savings for airlines solely in New York.
New York’s role
Avelo conducts flights out of three New York airports, but the legislation doesn’t just target the startup, instead, it aims to punish any commercial airline working with Trump’s deportation flights. Fahy particularly points to when deportation flights conflict with due process of U.S. residents and noncitizens.
Fahy argues the fuel tax exemption can be taken away because it “is clearly a taxpayer subsidy, and we control who gets that subsidy.”
The bill reportedly faces an uphill battle as it was introduced on April 28. Avelo has declined to comment on the bill. The legislation follows a similar effort by Democratic lawmakers in Connecticut as well.
The bigger picture
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According to federal officials, illegal crossings at the southern border hit a new record low of 7,181 detainments, a drop of 95% compared to last year.
The new legislation also follows the deportation of Kilmar Abrego Garcia, who lived in Maryland and is now imprisoned in El Salvador after being sent on a deportation flight with alleged gang members in March, despite having a judge’s order that withheld his removal. Democrats say this case highlights that the Trump administration may be issuing deportations without a valid legal warrant and without due process.
The Trump administration argued Abrego Garcia is a gang member, despite denials by his wife and legal team. The White House has also aimed to tackle what it calls an “invasion” of immigrants illegally entering the country while enhancing security at the border through troop deployments and newly militarized zones along the southern border.
Illegal border crossings have now dropped to a historic low, but critics argue some of the tactics are unconstitutional. According to federal officials, illegal crossings at the southern border hit a new record low of 7,181 detainments, a drop of 95% compared to last year.
The Trump administration’s mass deportation efforts follow enhanced efforts by past administrations as well, including the Obama administration, which saw a dramatic rise in deportations throughout President Obama’s two terms in office.
