A New York state judge has ruled that New York City cannot use an antiquated, unconstitutional “anti-pauper” law to prevent Texas from sending migrants to the city via free bus rides. The court dismissed a lawsuit filed by Mayor Eric Adams against charter bus companies contracted by Texas Governor Greg Abbott. The lawsuit aimed to stop these companies from transporting “needy persons” to New York, citing an 1817 law that criminalized bringing indigent individuals into the state to make them a public charge.
Justice Mary Rosado declared the law unconstitutional, stating that states cannot regulate interstate transportation based on economic status and that the statute violates the fundamental right to travel. She emphasized that requiring bus operators to screen passengers for potential public assistance needs would infringe on this right and that punishing bus companies for transporting poor individuals would be improper.
Rosado suggested that city officials should seek congressional action rather than relying on an outdated, unconstitutional statute to restrict individuals’ entry based on economic status.
Since 2022, Texas has been offering free bus rides to migrants heading to cities with Democratic mayors, sending tens of thousands to New York, Denver, Chicago, and other cities. Mayor Adams criticized these trips as illegal political maneuvers by Texas. Unable to sue Texas directly due to sovereign immunity, New York targeted the private charter companies instead.
Despite losing the court case, the Adams administration noted that the lawsuit had reduced the number of charter buses bringing migrants to the city. The New York Civil Liberties Union praised the court’s decision, asserting that Mayor Adams cannot exploit the plight of immigrants for political gain and that everyone has the right to travel freely within the United States.
Governor Abbott suggested that Adams should direct his frustration at President Joe Biden. Adams later criticized the federal government for not assisting the city with housing and services for migrants. New York has historically provided shelter to more homeless individuals than any other U.S. city, partly due to a 1981 court ruling requiring it to shelter anyone in need. City officials reported that they have provided shelter and services to over 200,000 immigrants in the past two years, with only a fraction arriving via Texas-sponsored buses.
As migrant arrivals increased, New York and other cities began offering free bus tickets to other destinations, with New York paying for over 4,800 fares, including some for migrants initially bused from Texas.
Source: AP
