NEW YORK — A New York state judge has ruled that a two-century-old “anti-pauper” law cannot be used by the city to prevent Texas from providing free bus transportation for migrants from the southern border to New York City. This decision came after a lawsuit initiated by Mayor Eric Adams, which sought to prohibit charter bus services employed by Texas Governor Greg Abbott from dropping off individuals deemed “needy” in the city, citing an 1817 law that criminalized bringing an indigent person into the state for the purpose of making them dependent on public assistance.
The ruling, delivered by Justice Mary Rosado, labeled the law as unconstitutional for multiple reasons. She emphasized that states do not have the authority to regulate interstate transportation based on individuals’ economic circumstances. Additionally, the law infringes upon a fundamental right—the right to travel. Rosado argued that imposing a requirement for bus companies to evaluate passengers’ potential needs for public assistance would breach this right and that penalizing these companies for failing to exclude impoverished individuals from entering New York would be inappropriate.
In her closing remarks, the judge urged city officials to focus on legislative solutions through Congress rather than attempting to enforce an outdated and unconstitutional law that undermines an individual’s right to enter New York based on their economic situation.
Since 2022, Texas has been providing migrants with free bus rides to cities governed by Democratic mayors. According to statistics from Abbott’s office, approximately 46,000 migrants have arrived in New York, alongside 19,000 in Denver, 37,000 in Chicago, and over 17,000 in various other destinations. Initially, Adams condemned these trips as illegal and characterized them as “political ploys” orchestrated by the Texas state government.
Due to challenges associated with sovereign immunity, which limits legal action against states, New York City opted to target the private charter bus companies instead. Following the court’s ruling, the Adams administration reported that the lawsuit had achieved its intended outcome, as there was a noticeable decrease in the number of charter buses transporting immigrants to the city since the case was filed. His office indicated no buses were identified since June. Adams remains committed to pursuing additional measures.
“We are reviewing our legal options to address the financial burden placed on New York City as a result of the Texas busing initiative,” stated Liz Garcia, a spokesperson for the mayor’s office.
The New York Civil Liberties Union (NYCLU) commended the court’s decision. According to senior staff lawyer Beth Haroules, “Mayor Adams is not exempt from the law and cannot manipulate the challenges faced by newly arrived immigrants to further his political ambitions. Everyone, irrespective of their immigration status or income, possesses the right to travel and reside freely within the United States.”
Governor Abbott, during one of his visits to New York City, acknowledged Adams’s concerns regarding the influx of migrants but suggested that the mayor should direct his frustration towards President Joe Biden instead. In response, Adams did vocalize criticism towards the federal administration, insisting on its responsibility to assist New York in managing housing and providing resources for migrants.
Historically, New York City has accommodated more homeless individuals than any other city in the country, largely due to a 1981 court ruling mandating that it provide shelter to anyone who requests it. In the last two years, city officials reported that they have extended shelter and various services to over 200,000 immigrants, albeit only a small fraction of those arrived via buses organized by Texas.
As the number of newcomers increased, New York and other cities began following Texas’s example, offering free bus passes to migrants heading to other destinations. City officials noted that New York has funded fares for over 4,800 immigrants traveling to Texas, including some individuals that had originally been bussed from there.