Posted on Jan 5, 2024
New York City suing charter bus companies for transporting migrants from Texas
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"The lawsuit rests on a provision of New York law that applies to the “bad faith” transfer of people across state lines. Under the law, anyone who “knowingly brings, or causes to be brought a needy person from out of state into this state for the purpose of making him a public charge” is obligated to care for that person’s expenses or bring them out of the state."
New York City suing charter bus companies for transporting migrants from Texas
Posted from cnbc.com
New York City
Lawsuit
Transportation
Posted 4 mo ago
Responses: 8
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Funny, they're concerned about people crossing state lines as if they have a border or something!
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SFC Casey O'Mally
So bringing them from Texas or New Mexico or Arizona to New York somehow changes them from being a federal responsibility to a state responsibility? I don't really think that is how it works.
Or are you saying that only the border states should have to fund this, and if any other state is required to feel any of the pain of this mass invasion, that is fraud?
Not really sure what your argument here is.
I also don't think that qualifies as fraud, even if it *does* shift the burden from Texas to New York.
Under New York law, the five elements of a fraud claim must be shown by clear and convincing evidence: (1) a material misrepresentation or omission of fact (2) made by defendant with knowledge of its falsity (3) and intent to defraud; (4) reasonable reliance on the part of the plaintiff; and (5) resulting damage to the plaintiff.
Source: https://laninlaw.com/fraud/
I think any DA (or likely the state AG) would have a very difficult time satisfying all 5 elements, particularly 1 and 2.
Or are you saying that only the border states should have to fund this, and if any other state is required to feel any of the pain of this mass invasion, that is fraud?
Not really sure what your argument here is.
I also don't think that qualifies as fraud, even if it *does* shift the burden from Texas to New York.
Under New York law, the five elements of a fraud claim must be shown by clear and convincing evidence: (1) a material misrepresentation or omission of fact (2) made by defendant with knowledge of its falsity (3) and intent to defraud; (4) reasonable reliance on the part of the plaintiff; and (5) resulting damage to the plaintiff.
Source: https://laninlaw.com/fraud/
I think any DA (or likely the state AG) would have a very difficult time satisfying all 5 elements, particularly 1 and 2.
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I am not a lawyer. But it seems like this would violate freedom of movement. It would also be a question for the federal government, not the state government, under interstate commerce clause.
But that is just me.
I am a big States' Rights guy. HUGE. But I don't think the state has THIS right.
But that is just me.
I am a big States' Rights guy. HUGE. But I don't think the state has THIS right.
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SFC Casey O'Mally
Capt Gregory Prickett
1) multiple biggest argument is that this would violate interstate commerce clause, which puts this authority at the federal level. So a federal law, even if it did the exact same thing, would be much less problematic.
2) The purpose, methodology, and target of the Mann act is completely different. It is not at all applicable, here.
1) multiple biggest argument is that this would violate interstate commerce clause, which puts this authority at the federal level. So a federal law, even if it did the exact same thing, would be much less problematic.
2) The purpose, methodology, and target of the Mann act is completely different. It is not at all applicable, here.
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