A Manhattan judge has dismissed Mayor Eric Adams‘s $700 million lawsuit against bus companies that transported more than 33,000 illegal immigrants to New York City, ruling the case “dubious at best.” The suit, filed in January, targeted 17 bus companies for allegedly violating state law by ferrying people from Texas to New York City. However, Manhattan Supreme Court Judge Mary Rosado deemed the suit “unconstitutional,” citing the Interstate Commerce Clause.
Rosado’s Monday ruling stated that the city’s attempt to regulate the transportation of illegal immigrants across state lines violated constitutional provisions. The lawsuit hinged on a 19th-century “pauper’s statute,” which Rosado noted had already been declared unconstitutional by the U.S. Supreme Court over 80 years ago. Specifically, she pointed to a 1941 decision against a California law deemed “essentially identical.”
Mayor Adams had claimed that the bus companies failed to cover the costs of caring for the illegals, leading to expenditures of approximately $700 million over the past two years. “These companies have violated state law by not paying the cost of caring for these migrants, and that’s why we are suing,” he said.
Lisa Zornberg, chief counsel to the mayor and City Hall, expressed respect for the court’s decision but maintained that the 1817 statute the suit was based on had not been conclusively ruled unconstitutional. Zornberg emphasized that the city’s objective was to protect its social services system and residents.
Attorney Robert Hantman, representing the bus companies, praised Judge Rosado for her impartiality and legal adherence. According to the city, roughly 33,600 illegal immigrants have been bused to New York since the crisis began in April 2022. The city also reported that over 200,000 migrants have arrived in total, with 64,000 still residing in city shelters as of July.
Prior to the crisis, Mayor Adams praised the Joe Biden-Kamala Harris government for blocking the completion of Donald Trump’s border wall, and said the Big Apple would “always” be a sanctuary city for migrants.
"We should protect our immigrants." Period.
Yes, New York City will remain a sanctuary city under an Adams administration. #EricOnNBC
— Eric Adams (@ericadamsfornyc) October 20, 2021
