Judge rules against Texas AG in battle with nonprofit serving migrants

Judge rules against Texas AG in battle with nonprofit serving migrants - Domestic News - News

Judge Halts Texas Attorney General’s Crusade Against El Paso Nonprofit Annunciation House

Judge Rules Against Texas AG Ken Paxton in Legal Battle with El Paso’s Annunciation House

In a significant decision, El Paso County District Judge Francisco X. Dominguez has ruled against Texas Attorney General Ken Paxton in his ongoing legal performance with Annunciation House, an El Paso-based nonprofit organization that offers assistance to migrants. The dispute between Paxton and Annunciation House started over a month ago, when the attorney general’s office issued an administrative subpoena demanding vast amounts of documents from the nonprofit within one day.

Background and Legal Proceedings

Paxton’s office claimed to have information “strongly suggesting” that Annunciation House had engaged in “alien harboring, human smuggling, and operating a stash house.” After Annunciation House asked for more time to comply with the subpoena, Paxton’s office deemed it noncompliant and attempted to revoke the organization’s registration. However, Judge Dominguez ruled that Paxton’s administrative subpoena was trumped by Texas’ rules of civil procedure regarding discovery.

Questions on the Attorney General’s Motives

The judge also expressed concerns about Paxton’s true motivation, stating that his efforts “to prevent Annunciation House from conducting business in Texas was predetermined,” and questioning the attorney general’s intentions.

Subpoena Issuance and Noncompliance Allegations

On February 7, 2024, Paxton’s office served an administrative subpoena on Annunciation House with a request to examine records. However, the subpoena did not specify which Texas laws the attorney general believed were being violated. Annunciation House replied at the end of the day on February 7, agreeing to provide the requested documents within thirty days but requesting a temporary restraining order against the state’s wide-ranging demand to disclose its records “immediately.” Paxton then considered Annunciation House noncompliant and attempted to revoke the organization’s registration.

Allegations of Law Violations

The attorney general’s office alleges that Annunciation House had been openly and flagrantly violating many provisions of law in a systemic fashion. They claim that the nonprofit publicly housed close to 300 migrants at any given time, and that some migrants wanted to seek asylum but feared turning themselves in to authorities due to the risk of deportation. The attorney general’s office also alleges that Annunciation House was engaged in human smuggling by contracting with a local company to transport migrants in passenger vans.

Impact of Annunciation House on El Paso

Annunciation House maintains that its work is beneficial to the city, helping keep “hundreds of thousands of refugees coming through our city off the streets and (giving) them food.” Annunciation House has provided hospitality to hundreds of thousands of refugees for over forty-six years. The nonprofit contends that the attorney general’s “illegal, immoral, and anti-faith position” to shut down the organization is unfounded.

Future Litigation

Both Paxton and Annunciation House will now litigate within the guidelines of the Texas Rules of Civil Procedure, created to ensure fair play between litigants. The matter will proceed to a final adjudication in an efficient, orderly, and respectful manner.

Conclusion

The judge’s ruling marks a significant development in the ongoing legal performance between Texas Attorney General Ken Paxton and Annunciation House. The case raises important questions about due process, fair play, and the role of nonprofit organizations in offering assistance to migrants. As both parties proceed with litigation, the outcome will have implications for Texas’ immigration policies and the broader humanitarian response to migration issues.