NEW YORK — New York City will not use an unconstitutional “anti-poverty” law enacted two centuries ago to block Texas from offering immigrants free bus rides from the southern border to New York City. It was ruled that it could not be done.
A court on Thursday dismissed a lawsuit filed in January by Mayor Eric Adams against a charter bus company contracted by Texas Gov. Greg Abbott. The law sought to prohibit the intentional removal of “indigent persons,” citing an 1817 state law that made it a crime to bring an indigent person into the state “for the purpose of public accountability.”
Judge Mary Rosado said in a strongly worded ruling that the law was unconstitutional for several reasons.
As an example, states are not allowed to regulate interstate movement of people based on economic status, she wrote.
The law “also violates a fundamental right, the right to travel,” she added.
Rosado said requiring bus operators to screen passengers for the possibility of needing public assistance upon reaching their destination violates their fundamental rights and is a violation of the fundamental rights of poor people. He said it was inappropriate to punish bus companies for not banning people from the city.
The judge concluded that if city officials wanted to do something, instead of asking the courts to enforce “an outdated and unconstitutional statute that violates the rights of individuals to enter New York based on their economic status.” He said they should rely on Congress.
Starting in 2022, Texas will begin offering immigrants free bus rides to cities with Democratic mayors. At least 46,000 people were sent to New York, 19,000 to Denver, 37,000 to Chicago and more than 17,000 to other cities, Abbott’s office said.
At the time, Adams, a Democrat, said the trip was illegal and amounted to a “Texas political ploy.”
A legal doctrine known as sovereign immunity made it difficult for New York City to sue Texas, so it went after private charter companies instead.
Despite the court loss, the Adams administration said the lawsuit had the desired effect. The administration said in a statement that after the lawsuit was filed, the number of chartered buses ferrying migrants into the city has decreased, and the buses have not been identified since June. Adams is not giving up on further action.
“We are evaluating legal options to address the costs passed to New York City as a result of the Texas bus plan,” Mayoral Spokesperson Liz Garcia said in a statement.
The New York Civil Liberties Union praised the court’s decision.
“Mayor Adams is not above the law and cannot continue to exploit the plight of newly arrived immigrants to further his own political ends,” said Beth, Senior Staff Attorney at Citizens United of New York.・Mr. Harolds said. “Everyone, regardless of nationality or income, has the right to freely travel and reside anywhere in the United States.”
Mr. Abbott said during a visit to New York City that Mr. Adams was right to be outraged by the surge in immigration, but that he should blame President Joe Biden.
Adams ultimately criticized the federal government, saying it has a duty to help cities pay for housing and provide services to immigrants.
New York City has long provided shelter to more homeless people than any other U.S. city, in part because of a 1981 court ruling that required shelter for anyone who wanted it. It is. City officials said they have provided shelter and other services to more than 200,000 migrants over the past two years, but only a fraction of those arrived on Texas-sponsored buses.
As the number of new immigrants increased, New York and other cities followed Abbott’s lead by offering immigrants free bus tickets elsewhere. New York state paid fares for more than 4,800 migrants, including some who traveled by bus from Texas, city officials said.
