A Texas bus company has filed a lawsuit against the city of Chicago, arguing that an ordinance requiring it to stop dropping off migrants violates the U.S. Constitution and the Illinois Constitution.
Wynne Transportation LLC is seeking declaratory judgment and injunctive relief against the city, according to court documents filed Jan. 5.
The lawsuit challenges a December ordinance that warns buses can be “seized and impounded” if they drop off immigrant passengers at other than designated times and locations or without authorization.
A Texas bus company is suing the city of Chicago, alleging that restrictions on bus companies dropping off immigrants in the city violate the U.S. Constitution and the Illinois Constitution. (Chris Sweda/Chicago Tribune/Tribune News Service via Getty Images/File)
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Violators could be subject to a $3,000 fine in addition to towing and storage fees. According to NBC, Wine Transportation has already had one bus confiscated by the city.
According to the ordinance, bus companies must give advance notice and obtain city approval before dropping off migrants at the city's designated landing zones. The city says companies are currently not providing information on where to drop off migrants to avoid city fines.
The ordinance was enacted to stem the flow of immigrants being bused in from Texas, even though the city is a sanctuary city. Texas Gov. Greg Abbott has bused nearly 30,000 immigrants to Chicago since the summer of 2022, according to a press release Friday.
The transportation company said the ordinance restricts immigrants' entry into Chicago by “imposing strict requirements and severe penalties.”
“Rather than welcoming immigrants and providing them with shelter, the City of Chicago has implemented an ordinance that violates plaintiffs’ constitutional rights and targets the transportation companies that transport immigrants from the southern border to their desired destination, Chicago. By enacting this, we are turning our backs on those who wish to travel here,” the complaint states.
Immigrants flood into Eagle Pass, Texas, waiting to be processed on December 18, 2023. Texas has bused nearly 30,000 immigrants to Chicago since the summer of 2022. (Fox News)
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The complaint alleges that the ordinance violates the Supremacy Clause of the U.S. Constitution and infringes on the federal government's right to set immigration policy. It also says the ordinance violates the Illinois Constitution, which prohibits special legislation.
“This case is about giving immigrants the opportunity to call Chicago home,” the complaint says.
Mike Kozlowski, president of Wine Transportation, told Fox News that Chicago is trying to crack down on buses transporting immigrants.
“Frankly, it's hard to believe that the city would pass an ordinance that is so clearly unconstitutional and then aggressively pursue enforcement of that ordinance by filing 95 different lawsuits against these companies. Look, I'm a little surprised,” Kozlovsky said.
Chicago Mayor Brandon Johnson (Jamie Kelter Davis/Bloomberg via Getty Images)
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The bus company is also seeking damages and legal fees.
While running for office last year, Chicago Mayor Brandon Johnson fully supported immigrants coming to the city.
“Chicago is a sanctuary city, which is why we will always resist attempts to pit our communities against each other, and we will continue to make this promise of sanctuary important to longtime residents and newcomers alike in our city.” It must be extended to everyone who does,” his website states.
Fox News' Alexander Hall contributed to this report.
