Gov. Abbott threatens to put ‘100% tariff’ on anyone moving to Texas from New York City... Can he legally do that?

Texas Governor Greg Abbott is clearly not a fan of the prospect of people moving to Texas from New York City.

In response to speculation about New Yorkers relocating to Texas after the results of New York City’s mayoral race, Gov. Abbott announced on X on Monday that he would impose a “100% tariff” on anyone moving from the Big Apple after Tuesday’s elections.

After the polls close tomorrow night, I will impose a 100% tariff on anyone moving to Texas from NYC.— Greg Abbott (@GregAbbott_TX) November 3, 2025

The post generated lots of interactions, exceeding 16 million views, 124,000 likes and 12,000 comments as of this writing.

SEE ALSO: Texas Democrats urge Gov. Greg Abbott to direct emergency funds to address the looming food crisis

It’s unclear whether or not this post was meant to be taken in jest, but Gov. Abbott has not posted anything related to the tariff threat in the 26 hours since the original post was made.

In fact, his only X post since the tariff threat was a comment on a report stating that one quarter of ICE arrests occur in Texas.

1 in 4 ICE arrests happen in Texas.

The Texas Dept. of Public Safety is assisting ICE.

We will keep working with the Trump Administration to arrest, detain, and deport illegal immigrants. pic.twitter.com/QZNNVIlICf— Greg Abbott (@GregAbbott_TX) November 3, 2025

Can Gov. Abbott impose a tariff on NYC residents fleeing to Texas?

If we assume Gov. Abbott’s tariff threat was made with complete sincerity for the sake of the argument, the natural next question would be, “Can a governor legally do that?”

The answer is no.

Gov. Abbott cannot legally impose a tariff on citizens coming from New York City, or any other U.S. city for that matter.

Here’s why

There are clauses in the U.S. Constitution that prevent a governor from imposing such a tariff.

Privileges and Immunities Clause (Article IV, Section 2 of the U.S. Constitution)

The Privileges and Immunities Clause states that citizens of each state in the U.S. are constitutionally entitled to the same privileges as citizens from other states. The clause prevents special taxes targeting newcomers to a state, like Gov. Abbott is suggesting here.

Commerce Clause (Article I, Section 8, Clause 3 of the U.S. Constitution)

The Commerce Clause gives the U.S. Congress the exclusive ability to regulate commerce between states. The Dormant Commerce Clause prevents states from enacting legislation that discriminates against or caused undue burdens on interstate commerce.

Gov. Abbott’s proposed tariff would directly penalize interstate movement, which can fall under the umbrella of interstate commerce. This tariff’s impact on jobs, housing and overall spending would heavily impact the local economy.

So, what does this mean for New Yorkers?

New York City residents should not seriously worry about the prospect of a 100% tariff if they choose to relocate to Texas. They should, however, make sure they’re prepared for unwalkable metro areas, 90-degree Septembers, and spirited debates over the validity of the Astros’ 2017 World Series victory.