El Paso judge blocks Texas AG Ken Paxton’s effort to close Annunciation House
by Robert Moore, El Paso Matters
March 11, 2024
Attorney General Ken Paxton “acted without regard to due process and fair play” in seeking to shut down a leading migrant service provider, an El Paso judge said Monday in a ruling that blocks the state’s efforts for now.
“The Attorney General’s efforts to run roughshod over Annunciation House, without regard to due process or fair play, call into question the true motivation for the Attorney General’s attempt to prevent Annunciation House from providing the humanitarian and social services that it provides. There is a real and credible concern that the attempt to prevent Annunciation House from conducting business in Texas was predetermined,” 205th District Judge Francisco Dominguez said in his ruling.
Dominguez said Annunciation House’s petition for declaratory judgment means the case is governed by the Texas Rules of Civil Procedure, which essentially blocks any action by Paxton until the court reviews the case.
The judge denied motions from Annunciation House to issue a temporary injunction or quash the attorney general’s request to examine its documents. But his ruling saying the case is subject to court rules has a similar effect of blocking further action in the case until Dominguez can review arguments about the constitutionality of Paxton’s request.
Ruben Garcia, the founder and director of Annunciation House, said he was grateful for the judge’s ruling. He said Paxton’s actions could threaten businesses across Texas.
“It kind of sends a shiver through all incorporated entities in the state of Texas, because people are going to ask, does this mean that the attorney general feels that they have the authority to arrive at any institution, any business, any entity, and just walk up and say, we are submitting a request to examine. And I think that's a really fundamental question about whether that's a way to function,” Garcia said.
The legal battle began Feb. 7 when three representatives from the Attorney General’s Office served Annunciation House with a request to immediately examine operational records.
The next day Dominguez granted Annunciation House’s request for a temporary restraining order against the attorney general. Annunciation House has said it will produce all documents that are legally required, but they first want a judge to review whether any of the documents are confidential and protected from release to the Attorney General’s Office.
Paxton countersued Annunciation House on Feb. 20, alleging the nonprofit failed to immediately respond to his requests for records and should be stripped of its ability to do business in Texas. The attorney general asserted in court filings that the Texas Business Organizations Code gives him essentially unlimited powers to request documents from any business in the state to ensure they are complying with laws.
Dominguez conducted a two-hour hearing on Thursday that primarily focused on Annunciation House’s injunction request. Speaking bluntly toward the end of the hearing, he suggested Paxton had “ulterior political motives” in seeking records from Annunciation House.
Annunciation House is a nonprofit organization that has been providing what it calls hospitality for migrants and refugees since 1978. Paxton and Texas Gov. Greg Abbott have increasingly criticized Annunciation House and other Catholic organizations for providing migrant services on the border.
Paxton has accused Annunciation House of participating in human smuggling and has called its hospitality houses “stash houses.” Garcia and his supporters have vehemently rejected those allegations, and Annunciation House has never been accused of violating the criminal laws Paxton cited in his court filing.
Update, 9:10 a.m.: This story has been updated with comments from the Annunciation House director.
This article first appeared on El Paso Matters and is republished here under a Creative Commons license.
