New York City’s Attempt to Block Illegal Immigrant Buses from Texas Rejected by Judge
A New York judge has ruled that the city cannot use an 1817 ‘anti-pauper’ law to prevent Texas from busing illegal immigrants, citing constitutional travel rights.
A judge has determined that New York City is unable to invoke an ancient “anti-pauper” law to stop Texas from providing free bus rides to illegal immigrants heading to New York City.
The lawsuit, initiated by Mayor Eric Adams, aimed to prevent the companies from knowingly dropping off “needy person[s]” in New York, citing a state law that criminalized bringing indigent individuals into the state to make them a public burden.
Rosado noted that while the court understands the financial strain faced by New York City in providing shelter and services to the influx of illegal immigrants, she deemed the law unconstitutional. She stated that states cannot regulate interstate transportation based on economic status and that the statute violates the fundamental right to travel. She pointed out that forcing bus operators to assess passengers’ potential need for public assistance would impede on this right and that penalizing companies for transporting poor individuals would be inappropriate.
“The statute essentially requires companies and individuals to conduct ‘due diligence’ into a passenger’s economic status before bringing them into the State of New York to avoid criminal and civil liability,” Rosado wrote. “This is an excessively broad statute, which has already been declared unconstitutional.”
In dismissing the legal challenge, the judge indicated that the appropriate venue to address the issue is Congress, rather than asking the court to enforce “an antiquated, unconstitutional statute to infringe on an individual’s right to enter New York based on economic status.”
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A request for comment sent to counsel representing the commissioner was not immediately returned.
“Everyone, regardless of their citizenship status or income, has the right to freely travel and reside anywhere within the United States. This is constitutionally guaranteed and a fundamental pillar of American democracy.”
Since 2022, Texas has been providing free bus rides for illegal immigrants to cities with sanctuary policies shielding them from deportation. According to Abbott’s office, over 46,000 such individuals have been sent to New York.
Adams criticized the program, calling it an unlawful political tactic by Texas. However, unable to sue directly due to sovereign immunity, a legal doctrine protecting states from certain lawsuits, the city targeted the private charter companies instead.
