The law, in my opinion is facially unconstitutional as it is a complete ban for any non-residents.
That, and he was not arrested during a stay-over in NY.
He was apprehended at an airport in the act of traveling.
FOPA applies here.
If anybody thinks this is not an intentional set up for a fall of the judicial system, let me interest you in a tunnel between New Jersey and Manhattan originally owned by Abraham Lincoln.