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Gov. Abbott threatens ‘100% tariff’ on New Yorkers moving to Texas — but is it legal?

by LAWIN.news November 5, 2025
written by LAWIN.news November 5, 2025
Photo credit: MyStateline
164

Texas Governor Greg Abbott announced on November 3, 2025, his intention to impose a “100% tariff” on residents relocating from New York City to Texas.

The statement followed the results of New York City’s mayoral election, which prompted speculation about potential migration to Texas. Abbott shared his declaration through a post on the social media platform X.

The post quickly gained traction, accumulating over 16 million views, 124,000 likes, and 12,000 comments. However, the legality of such a tariff remains doubtful. Under the U.S. Constitution, provisions such as the Privileges and Immunities Clause and the Commerce Clause prohibit governors from imposing state-specific tariffs on individuals moving across state lines.

The Privileges and Immunities Clause guarantees that citizens of each state enjoy the same privileges and protections nationwide, preventing discriminatory taxation or treatment against newcomers.

The Commerce Clause, meanwhile, grants Congress sole authority over interstate commerce and includes a “Dormant Commerce Clause,” which bars states from enacting laws that hinder or burden trade or movement between states.

A tariff targeting migrants from New York City would directly conflict with these constitutional safeguards, as it would penalize interstate relocation. Such a measure could also influence employment patterns, real estate transactions, and consumer spending, potentially affecting Texas’s economy.

Governor Abbott has not issued any clarification or follow-up post addressing the specifics of the proposed tariff. His subsequent message on X discussed unrelated matters, including reports of ICE arrests in Texas.

Constitutional analysis confirms that a governor holds no legal authority to impose a tariff on U.S. citizens moving from one state to another. Residents of New York City considering relocation to Texas can therefore disregard the proposal, though they may want to prepare for the state’s warmer climate and more car-dependent cities.

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