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Texas bus company sues Chicago for restrictive ordinance on migrant drop-offs

By FOX 32 Digital Staff
Published  January 17, 2024 8:18pm CST
Migrants in Chicago
FOX 32 Chicago

CHICAGO - A Texas transportation company is suing the City of Chicago for its restrictive ordinance on migrant drop-offs, claiming it violates the U.S. Constitution and the Illinois Constitution. 

Wynne Transportation LLC is requesting declaratory judgment and injunctive relief from the city, according to lawsuit documents. The lawsuit was filed Jan. 5.

The lawsuit states that the bus company claims Chicago is "turning its back on migrants by enacting an ordinance that targets the transportation companies that transport migrants from our southern border to their desired destination – Chicago – in violation of their rights." 

The documents also claim that on May 15, 2023, the City of Chicago issued an executive order and attempted to prevent migrants' entry. 

Then, in Sept. 2023, city councilmembers introduced a resolution and asked "Should the City of Chicago continue to keep its designation as a Sanctuary City?" 

Two months later, the lawsuit says Mayor Brandon Johnson had an alternative question: "Should the City of Chicago impose reasonable limits on the City's providing resources for migrant sheltering, such as funding caps and shelter occupancy time limits, if necessary to prevent a substantial negative impact on Chicago's current residents?" 

Lawsuit documents claim the city then prevented migrants' entry into the city by amending traffic ordinances and penalizing buses. 

The ordinance states that buses must have the approval of the commissioner before using a designated loading/unloading area for regular loading or unloading of passengers, luggage or other goods, according to the lawsuit. 

In December, city officials approved an amendment to the ordinance that said buses that don't abide by the ordinance could also face a hefty fee of $3,000 or impoundment. 

The transportation company claims the ordinance restricts migrants from entering Chicago by "placing stringent requirements and harsh punishments." 

The lawsuit also says the ordinance violates the Supremacy Clause of the U.S. Constitution. It also claims that the ordinance violates the Illinois Constitution. 

RELATED: Chicago-area migrant bus battle intensifies as more towns crack down

The company is seeking the following, according to the lawsuit: 

  • A declaration that the ordinance violates the Supremacy Clause of the U.S. Constitution and is void
  • A declaration that the ordinates violates the Interstate Commerce Clause of the U.S. Constitution and is void
  • A declaration that the ordinance violates the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution and is void
  • A declaration that the ordinance violates the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution and is void
  • A declaration that the ordinance violates the Illinois Constitution's prohibition of special legislation and is void
  • Preliminary injunctive relief enjoining enforcement of the ordinance during the pendency of this action
  • Permanent injunctive relief enjoining enforcement of the ordinance
  • Compensatory damages
  • Attorney's fees and costs
  • All other appropriate relief