It appears the Abbott Express will remain in business as Texas continues sending illegal immigrants and asylum seekers to New York City amid the ongoing border crisis.
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A New York judge recently ruled that the city cannot use an outdated “anti-pauper” law to prevent foreigners from Texas from entering the city on free bus rides. The decision was issued on Thursday in response to a lawsuit filed by New York City Mayor Eric Adams against the charter bus companies that Texas Gov. Greg Abbott contracted to send these individuals to the Big Apple.
The purpose of the lawsuit was to stop these companies from dropping off “needy persons” in the city, citing an 1817 state law that criminalized the act of bringing an indigent person into the state “for the purpose of making him a public charge,” according to The Washington Times.
Justice Mary Rosado dismissed New York City’s lawsuit, explaining that the law is unconstitutional because states are not empowered to regulate interstate transportation of people based on economic status. In the ruling, the judge argued that “the statute violates a fundamental right – the right to travel.”
The judge further challenged the constitutionality of the measure by noting that requiring bus operators to screen passengers to ascertain the likelihood that they might need public assistance is an infringement of their rights. Punishing companies for refusing to exclude low-income people would not be proper, Rosado argued, according to The Associated Press.
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Abbott began transporting illegal immigrants and asylum seekers to New York City and several other Democrat-run cities across the country in 2022 when it became clear that the Biden administration did not plan to take any action to stop the border crisis it created. As a result, Texas, Arizona, and Florida have sent foreigners to cities that have sanctuary policies for illegal immigrants. So far, tens of thousands have been sent to New York City, Denver, Chicago, and others.
Adams argued that the trips were illegal, calling them “political ploys from the state of Texas.”
Nevertheless, the Adams administration insists that filing the lawsuit brought about the outcome they were looking for, with fewer of these individuals heading to the city by charter bus. “We are reviewing our legal options to address the costs shifted to New York City as a result of the Texas busing scheme,” said Liz Garcia, a spokesperson for Adams’ office.
The New York Civil Liberties Union praised the ruling. “Mayor Adams is not above the law and cannot keep wrongly exploiting the plight of newly arrived immigrants to bolster his own political agenda,” said Beth Haroules, a senior staff lawyer for the organization.
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The ongoing saga between border states and blue cities over illegal immigration has shone a spotlight on the crisis at the southern border – an issue that has persisted under the Biden administration. It was seen as a pivotal issue in the 2024 campaign and likely contributed greatly to Vice President Kamala Harris’ defeat on Election Day.
President-elect Donald Trump will have his work cut out for him in solving this problem after he takes office.