The news media have been reporting on Chicago-area towns and villages that have enacted ordinances to fine interstate bus companies that transport and disembark migrants in 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, who then board another mode of transportation (i.e., Metra). 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 U.S. Constitution (Article 1, Section 8, Clause 3), which prohibits state 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 bus passengers. If these or future ordinances were to refer specifically to the immigrants’ status of being in the U.S. illegally, 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.

Otherwise, these towns and villages can expect........

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