Texas Attorney General Paxton continues fight against NGOs that support migrants

Earlier this summer, a federal judge sharply criticized Texas Attorney General Ken Paxton's attempt to close the Annunciation House religious center, calling his actions “outrageous and intolerable.”

The July 2 ruling by federal judge Francisco X. Dominguez was a response to Paxton's attempts to force shelters along the Texas-Mexico border to hand over confidential records about the identities of the migrants and refugees they serve. Those attempts then escalated into an attempt to shut down the shelters altogether. The ruling is a major blow to Paxton's broader efforts to target organizations that provide assistance to vulnerable populations.

Annunciation House, an established nonprofit that has been a cornerstone of the El Paso community since 1978, operates a network of shelters that provide refuge to people fleeing violence and persecution. These shelters provide at-risk migrants with food, shelter, and information on completing the legal paperwork to seek asylum in the United States. Rooted in the Catholic faith and run entirely by volunteers, the organization has been providing “hospitality to hundreds of thousands of refugees” for over 46 years. It is recognized by the Catholic Church and listed in the National Catholic Directory, underscoring its longstanding commitment to humanitarian work.

The legal battle began when Paxton showed up at Annunciation House on February 7, 2024, and demanded that a large amount of confidential records be turned over to the Attorney General's Office within 24 hours. In response, Annunciation House filed a lawsuit, demanding protection from what they viewed as unlawful intrusion. Paxton, in turn, escalated the situation by filing a countersuit accusing the home of smuggling and demanding its closure.

This aggressive stance not only underscored growing tensions in Texas between state authorities and organizations that provide vital assistance to migrants, but also shocked many, including Pope Francis, who was surprised by Paxton's attack on a religious nonprofit.

Annunciation House has strongly denied any involvement in illegal activities. The company's lawyer stated: “There is no legal basis for shutting down a nonprofit organization that provides social services to refugees. Period.”

In May, Paxton went so far as to claim that the organization was designed to “facilitate illegal border crossings and conceal illegally present aliens from law enforcement.” He branded it a “criminal organization.”

Judge Dominguez emphasized in his July 2 ruling that Paxton's demands violated the Fourth Amendment, which protects against unreasonable searches and seizures. With that ruling, he clearly refuted Paxton's argument that Annunciation House was engaged in illegal activities.

This attack on Annunciation House is not an isolated incident, but part of a broader strategy by Texas Governor Greg Abbott to demonize vulnerable migrants seeking asylum. Abbott's directive in late 2022 directing Paxton to investigate nongovernmental organizations (NGOs) allegedly involved in the illegal transport of immigrants reflects the continued use of inflammatory rhetoric for political gain.

Earlier this summer, Attorney General Ken Paxton attempted to compel Catholic Charities of the Rio Grande Valley to testify under the Texas Business Organizations Code, accusing the nonprofit of violating immigration laws and engaging in human smuggling. Catholic Charities argued that Paxton's actions were an incursion without evidence and violated the organization's religious freedom.

District Judge JR “Bobby” Flores ruled in favor of Catholic Charities and denied the state's motion. The investigation focused on the Humanitarian Respite Center in downtown McAllen, Texas, which provides food, shelter and other essentials to migrants legally released by the Department of Homeland Security. Contrary to Paxton's claims, the center, which has been in operation for a decade, assists migrants who have undergone federal scrutiny, often being transported to the facility by federal immigration agents.

The saga continued on July 15, when Paxton announced his appeal of the dismissal of his lawsuit that would have closed Annunciation House and touted his plan to take the case to the Texas Supreme Court.

While Paxton's appeal was expected, it is unclear whether the Texas Supreme Court will take up the case.

Meanwhile, Paxton has redirected his efforts to another nonprofit, Familias Inmigrantes y Estudiantes en la Lucha (FIEL), which advocates for immigrant youth, their families, access to higher education regardless of immigration status, and community justice. In a recent lawsuit filed by Paxton, he claims that FIEL violates federal regulations by engaging in political activity and opposing state immigration laws. He is demanding an immediate order dissolving the organization entirely.

FIEL claims the lawsuit is retaliatory and is yet another instance of Paxton taking legal action to attack nonprofits whose goals he opposes. If Paxton succeeds in court, the precedent could come as a shock to all nonprofits in the state.

Texas business leaders are staying out of the politically motivated dispute and continuing to demand that Congress deliver meaningful immigration solutions that strengthen security at the U.S.-Mexico border without neglecting compassion.

Filed under: Texas