Flirting with legal system

Recently, the news media has been reporting on Chicago-area towns and villages enacting ordinances to fine interstate bus companies that transport and disembark undocumented migrants to their jurisdictions without prior notification and approval. Some ordinances require background checks on each adult passenger.

The authorities in these towns and villages have made it clear that they hope the threat of the fines (up to $750 per passenger and $10,000 per bus) and the possible impounding of the offending buses will curtail or eliminate these drop-offs.

As reported, these passengers are given Metra train tickets to Chicago or they have made other transportation arrangements with friends or family. It’s safe to assume that the passengers are only in the town long enough to walk from the bus to the arriving train.

If “Texas” and “migrants” are removed from these scenarios, these buses are simply transporting passengers from one state to another and allowing them to board a different legal mode of transportation. This is not illegal. In fact, at the first imposition of a fine or the seizure of a bus, these jurisdictions will find themselves at odds with the U.S. government and the Commerce Clause of the Constitution, which prohibits states and local governments from enacting laws that curtail or impede interstate commerce.

Ordinances passed by Elburn, Chicago Ridge, Aurora and McHenry do not mention the immigration status of the passengers. If ordinances were to refer specifically to undocumented or illegal immigrants, then the ordinances might withstand legal challenges in that they are curtailing or preventing an illegal activity. The Commerce Clause does not protect illegal interstate commerce. But, lacking that specificity in the ordinances, these towns and villages can expect lawsuits, legal fees, and damages.

Randy Harris

Campton Hills