2024-11-09 01:52:00
NEW YORK (AP) — New York City can’t use a two-century-old unconstitutional “anti-poverty” law to block Texas from offering immigrants free bus service from the U.S. southern border to New York. .
The court on Thursday dismissed a lawsuit New York Mayor Eric Adams filed in January against bus companies hired by Texas Gov. Greg Abbott. The lawsuit seeks to ban them from knowingly transporting “needy persons,” under an 1817 state law that makes it a criminal offense to bring poor people into the state “for the purpose of public accusation.”
In her ruling, Judge Mary Rosado said the law was unconstitutional for a number of reasons.
For one thing, he wrote, states may not regulate the interstate transportation of people based on economic status.
He added that the law also “violates a fundamental right: the right to travel”.
Rosado said requiring bus operators to screen passengers based on their likelihood of needing public assistance upon arrival at their destination would violate that fundamental right, and it would be inappropriate to punish bus companies for failing to support poor people outside the city. .
The judge concluded by saying that if city officials wanted to do something, they should go to Congress instead of asking the courts to enforce “an outdated and unconstitutional law that infringes on an individual’s right to enter New York based on their personal status.”
In 2022, Texas began offering immigrants free bus service to cities with Democratic mayors. At least 46,000 people were flown to New York, 19,000 to Denver, 37,000 to Chicago and more than 17,000 to other cities, according to Abbott’s office.
At the time, Adams, a Democrat, said the trips were illegal and constituted “political manipulation in Texas.”
It would be difficult for New York City to sue Texas because of the legal doctrine of “sovereign immunity,” so it instead targeted the trucking companies.
Despite the court’s adverse ruling, the Adams administration said the lawsuit has had the desired impact: The number of buses transporting immigrants to the city dropped after the lawsuit was filed, and has increased since June, according to a statement from his office. Not a single bus has been found since months. Nor did Adams give up on further action.
“We are reviewing our legal options to address the costs that will be passed on to New York City as a result of the bus arrivals from Texas,” mayoral spokesperson Liz Garcia said in a statement.
The New York Civil Liberties Union (NYCLU) applauded the court’s decision.
“Mayor Adams is not above the law and he cannot continue to wrongfully exploit the plight of recent immigrants for his own political agenda,” said Beth Haroules, senior staff attorney at the City University of New York. “Everyone, regardless of citizenship or income, has the right to travel and reside freely anywhere in the United States.”
Abbott said during a visit to New York that Adams was right to be upset about the increase in immigrants entering the city, but that he should blame President Joe Biden.
Adams ultimately criticized the federal government, saying it had an obligation to help New York authorities pay for housing and provide services to immigrants.
New York provides more shelters for homeless people than any other city in the United States, in part because of a 1981 court ruling requiring New York to provide shelter to anyone who requests it. City officials say they have provided shelter and other services to more than 200,000 migrants over the past two years, only a fraction of whom arrived on Texas-sponsored buses.
As arrivals increased, New York and other cities eventually followed Abbott’s lead and offered immigrants free bus tickets to other places. New York paid for more than 4,800 migrants’ tickets to Texas, including some transported from Texas, according to local officials.
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This story was translated from English by AP editors with the help of generated artificial intelligence tools.
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**Interview with Immigration Policy Expert Dr. Elena Martinez**
**Interviewer:** Thank you for joining us today, Dr. Martinez. In light of Mayor Adams’ recent lawsuit against Texas charter bus companies and the court’s dismissal of that lawsuit, what are your thoughts on the legal implications of this case?
**Dr. Martinez:** Thank you for having me. The court’s decision underscores a critical point about interstate transportation and the rights of individuals. As Judge Rosado noted, the outdated law from 1817 does not hold up against modern constitutional principles, particularly the right to travel freely between states without economic discrimination.
**Interviewer:** Absolutely. Mayor Adams mentioned that the lawsuit was partly aimed at addressing the costs associated with caring for the influx of migrants. How do you see this impacting New York City’s resources and approach to immigration?
**Dr. Martinez:** The costs incurred by New York City due to the influx of migrants are significant and have strained local resources. It’s a challenging situation for any city, particularly one as diverse and densely populated as New York. However, the city must seek solutions that do not infringe on rights or rely on outdated laws. Collaborating with Congress for a more systematic approach could ensure cities have the support they need to manage these situations effectively.
**Interviewer:** There’s been talk about how Texas initiated these bus services as a political maneuver. How do you interpret this strategy, and what unintended consequences might arise from such actions?
**Dr. Martinez:** Texas Governor Abbott’s use of transportation as a political tool highlights the complexities of immigration policy in the U.S. While it might have been aimed at making a political statement, it places an undue burden on cities like New York. Unintended consequences include potential strain on city services and public perceptions of migrants. Furthermore, this could escalate into deeper political divisions rather than fostering constructive dialogue around immigration reform.
**Interviewer:** Following the ruling, how might New York City approach the issue moving forward? What strategies could they consider?
**Dr. Martinez:** New York City might consider advocating for federal immigration reform that provides states and cities with more resources and authority to manage the costs and services needed for migrants. Additionally, community-based organizations can play a crucial role in integrating newcomers and providing the support they need, which could alleviate some burdens from the city’s direct services.
**Interviewer:** Thank you for your insights, Dr. Martinez. It’s a complex situation, and we appreciate your expertise on this multifaceted issue.
**Dr. Martinez:** Thank you for having me. It’s essential we keep discussing these matters to find effective and equitable solutions.
