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NY Supreme Court Dismisses NYC’s Lawsuit Against Texas Bus Companies

This month, the New York Supreme Court put a definitive end to a lawsuit filed by New York City against 17 bus companies enlisted to transport undocumented immigrants from Texas to New York City. The case concluded in conjunction with NYC Mayor Eric Adams voicing concerns about persisting budget shortages and recent funding cuts, attributing these primarily to the ongoing immigration crisis.

In the first month of the year, Mayor Adams took legal action against the 17 bus companies responsible for the transportation of undocumented immigrants, a move opposed by the state of Texas. However, by August, his bid to cease the operations of these companies was rejected by the New York Supreme Court. The court carried this ruling into this month, approving Texas’ request to dismiss the case altogether, marking the end of the nearly year-long legal battle.

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Presiding over the case, Justice Mary Rosado expressed her disapproval of the lawsuit. She articulated that it manipulated an ‘outdated and unlawful’ law from 1817, contravening the constitutional right to travel and the U.S. Constitution’s Interstate Commerce Clause. The original law made it illegal to transport impoverished people into the state with the intent of turning them into public charges.

Rosado went on to highlight how, despite unexpected costs amounting to millions of dollars for the city (which, in turn, received millions from federal grants), it was not within the court’s mandate to design policy, whether related to immigration, finances, or social services. In her opinion, the role of the court is principally centered on upholding the law, most notably the constitution.

In her closing words, Rosado contended that if figures like Adams are disconcerted with the influx of undocumented immigrants, more suitable solutions can be found in Congress, instead of the court. Mayor Adams and others, in her judgment, were trying to employ this case ‘to impose an outdated, unconstitutional law to restrict an individual’s entry in New York based on their financial status’.

Upon the inception of the arrival of illegal immigrants in New York, the city’s mayor, a member of the Democratic Party, laid the blame on Texas Governor Greg Abbott. According to reports, the arrivals were transferred either by federal administration or officials from El Paso, Texas. Governor Abbott, in response, held that Mayor Adams should point fingers at President Joe Biden and Vice President Kamala Harris instead.

Whilst the lawsuit was in process and Mayor Adams was blaming Gov. Abbott, the city bare the transportation expenses for almost 5,000 undocumented immigrants. Following the dismissal of the case, the mayor’s representative announced that they were ‘reviewing our legal opportunities to address the expenses shifted to New York City due to the Texas busing tactic’.

Since Texas implemented its bus strategy in April 2022, an approximate number of 120,000 undocumented immigrants were transported to six known sanctuary cities. The data offered by the governor’s office indicates that more than 45,900 were brought to New York City since August 2022.

From April 2022 onwards, the five boroughs of New York City received an influx of over 130,000 undocumented immigrants. With several tens of thousands still lodged in city shelters, some city officials have been voicing support as the busing strategy continues.

Gov. Abbott opened up about his motive to institute the transport of illegal border crossers to other cities, stating, ‘I grew weary of Kamala Harris and Joe Biden’s absence from the border amid the disorder they instigated. I extended invitations, which they disregarded. So, eventually, I resolved that if they weren’t willing to visit the border, I would bring the border to them. This was how the busing initiative to Washington D.C., a sanctuary city, began.’

Following Texas’ segue into transporting immigrants to Washington D.C., Mayor Adams voiced his criticism of Governor Abbott. He stated, ‘If I am to bear the brunt of criticism, I should also receive recognition. And so we commenced busing to the sanctuary city of New York. Gradually, all states transformed into border states. Every city, every county, became a border city and county. It was no longer simply a Texas crisis.’

Despite his efforts, Texas has not received reimbursement from the federal government for its border security costs amounting to approximately $11 billion to date. Contrarily, a number of cities run by Democrats, including New York City, have been granted federal aid worth hundreds of millions to manage migrant services.

Regardless, as he announced budget reductions, Mayor Adams warned that New Yorkers would soon face a decrease in services, reiterating his previous arguments that the costs induced by undocumented immigrants are to blame. City officials predict immigration-associated expenses to surge to roughly $12 billion in the forthcoming years.