On Tuesday, New York City Mayor Eric Adams and a team of lawyers stood in court defending his decision to constrict the period in which migrants can stay in “city-run facilities.” NYC is asking for the 1981 consent decree, or “right to shelter,” laws to apply to “traditional homeless,” saying that it was not prepenseful for migrants, or asylum seekers. 

In 1979, the Coalition for the Homeless in NYC sued the New York State Supreme Court in a fight for the “right to shelter.” Specifically, they argued that in the New York State Constitution, “the aid, care and support of the needy are public concerns and shall be provided by the state and by such of its subdivisions, and in such manner and by such means, as the legislature may from time to time determine.” This lawsuit led to a 1981 consent decree, where according to the Coalition for Homeless, the “right to shelter,” was extended to homeless women (Eldredge v. Koch-1983) and homeless families with children (McCain v. Koch-1983). 

New York City has over 60,000 migrants in its care, and since the spring of 2022, more than 116,000 migrants have arrived from the U.S.-Mexico Border. It has opened 210 sites, including 17 large-scale humanitarian relief centers. 

Adam’s office said that housing this influx of migrants could drain about $12 billion from the city budget over three years forcing the city to pursue significant budget cuts. 

The Judge decided that the city’s request for an amendment to the 1981 consent decree be made in the form of a letter due Oct. 3. The city’s reply will be made by Oct. 18.