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 11 mo ago
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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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DHS disagrees with PO1 Nagel
"Human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act."
https://www.dhs.gov/blue-campaign/what-human-trafficking
"Human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act."
https://www.dhs.gov/blue-campaign/what-human-trafficking
What Is Human Trafficking? | Homeland Security
Human trafficking is modern-day slavery and involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act.
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Maj John Bell
Capt Gregory Prickett - Did I make reference to the Texas charges? I quoted a DHS government web site that explains to us what DHS considers human trafficking.
The Bexar County Sheriff completed its investigation and filed both misdemeanor and felony charges. The last update I read claimed sheriff’s office didn’t name any individual suspects and didn’t specify when the investigation was turned over to the Bexar County district attorney, but we know it was done sometime in or before June 2023.
Has the Bexar County District Attorney Joe Gonzales indicated that he has decided to present the case to a grand jury? Has he named the suspects?
Texas Penal Code, Sec. 20.01. DEFINITIONS.
"In this chapter:
(1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:
(A) force, intimidation, or deception...
Was the transported illegal aliens' liberty substantially interfered with?
How many sought return to Texas?
Were the illegal aliens recklessly exposed a substantial risk of serious bodily injury?
Were the illegal aliens transported in an effort to intentionally violate immigration law?
Governor DeSantis has publicly claimed credit for sending the planes from Texas to Massachusetts and from Texas to California. So, what is the holdup in presenting the case to a grand jury?
With respect to the Biden Administrations policies om illegal immigration and border security:
8 USC 1324: Bringing in and harboring certain aliens
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law;
SFC John Davis Maj Kevin "Mac" McLaughlin MSG Billy Brumfield SFC Casey O'Mally CSM Chuck Stafford Lt Col Charlie Brown LTC Stephen C. LTC Trent Klug
The Bexar County Sheriff completed its investigation and filed both misdemeanor and felony charges. The last update I read claimed sheriff’s office didn’t name any individual suspects and didn’t specify when the investigation was turned over to the Bexar County district attorney, but we know it was done sometime in or before June 2023.
Has the Bexar County District Attorney Joe Gonzales indicated that he has decided to present the case to a grand jury? Has he named the suspects?
Texas Penal Code, Sec. 20.01. DEFINITIONS.
"In this chapter:
(1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:
(A) force, intimidation, or deception...
Was the transported illegal aliens' liberty substantially interfered with?
How many sought return to Texas?
Were the illegal aliens recklessly exposed a substantial risk of serious bodily injury?
Were the illegal aliens transported in an effort to intentionally violate immigration law?
Governor DeSantis has publicly claimed credit for sending the planes from Texas to Massachusetts and from Texas to California. So, what is the holdup in presenting the case to a grand jury?
With respect to the Biden Administrations policies om illegal immigration and border security:
8 USC 1324: Bringing in and harboring certain aliens
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law;
SFC John Davis Maj Kevin "Mac" McLaughlin MSG Billy Brumfield SFC Casey O'Mally CSM Chuck Stafford Lt Col Charlie Brown LTC Stephen C. LTC Trent Klug
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LTC Trent Klug
Maj John Bell Of course Bexar County conducted an investigation outside their jurisdiction. Bexar's the bluest County in all of Texas save the five that Austin occupies.
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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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