Judge Strikes Down New York City’s Bid to Block Illegal Immigrant Buses From Texas

Illegal immigrants board a bus en route to a shelter at Port Authority Bus Terminal in New York City on May 18, 2023. Michael M. Santiago/Getty Images

A judge has ruled that New York City cannot invoke a centuries-old “anti-pauper” law to block Texas from offering illegal immigrants free bus rides to the Big Apple.

In a decision published on Nov. 7, New York Supreme Court Justice Mary Rosado dismissed a lawsuit filed in January by the commissioner of the New York City Department of Social Services against charter buses contracted by Texas Gov. Greg Abbott to transport illegal immigrants to New York City.

In the lawsuit, Mayor Eric Adams sought to prevent the companies from knowingly dropping off “needy [persons]” in New York, citing a state law that criminalized bringing indigent individuals into the state to make them a public burden.

While Rosado noted that the court is aware of the financial burdens borne by New York City in providing shelter and services to the throngs of illegal immigrants bused to the city, she declared the law unconstitutional, finding that states cannot regulate interstate transportation based on economic status. She also determined that the statute violates the fundamental right to travel, noting that requiring bus operators to assess passengers’ potential need for public assistance would infringe on this right and that penalizing companies for transporting poor individuals would be improper.

“The statute in essence requires companies and individuals to conduct ‘due diligence’ into a passenger’s economic status prior to bringing them into the State of New York to avoid criminal and civil liability,” Rosado wrote. “This is a sweepingly overbroad statute, the likes of which has already been declared unconstitutional.”

In dismissing the legal challenge, the judge noted that the proper forum to resolve the matter 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.”

A request for comment sent by The Epoch Times to counsel representing the commissioner was not returned by publication time.

The New York Civil Liberties Union (NYCLU), which filed an amicus brief in the case in support of dismissal, praised the ruling.

“With this decision, the Court rightly rejected Mayor Eric Adams’ cruel and morally repugnant attempts to bar immigrants from traveling to and making a home in New York City,” NYCLU senior staff attorney Beth Haroules said in a statement.

“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 provided free bus rides for illegal immigrants to cities that have sanctuary policies that shield illegal immigrants from deportation. According to Abbott’s office, more than 46,000 such individuals have been sent to New York City.

Adams criticized the program at the time, calling it an unlawful political ploy by Texas. However, unable to directly sue because of sovereign immunity, a legal doctrine that protects states from certain lawsuits, the city instead targeted the private charter companies.