FOR IMMEDIATE RELEASE: February 23, 2024
Media Contact: info@txilc.org
Texas AG Ken Paxton Files Civil Suits Against Annunciation House in El Paso
Austin, TX – Today, the El Paso-based Catholic charity Annunciation House held a press conference updating the public on their ongoing fight against Attorney General Ken Paxton’s investigation into the organization for the religious services they provide in the El Paso community.
On February 6, 2024, Texas’ new anti-smuggling law went into effect. The next day, the Attorney General’s office sent their lawyers to Annunciation House’s door demanding the faith-based organization’s records using an arcane and inapplicable administrative review provision under Section 12 of the Texas Business Organizations Code. Two short weeks later, Attorney General Paxton sued Annunciation House to revoke its license to operate and permanently close their doors to the community.
“Thankfully the American Revolution put a stop to the colonial practice of allowing soldiers–agents of a tyrannical king–unfettered access to search homes and seize property,” said Kristin Etter, Director of Policy & Legal Services at the Texas Immigration Law Council. “The Office of the Attorney General does not have arbitrary power under an administrative government regulation to demand unfettered access to and seize property of any establishment in Texas that it chooses to target, including the Annunciation House. Wars have been fought to protect religious freedom. This cannot be tolerated in our great state of Texas.”
Legal Background
- The Attorney General alleges it needs the documents to ascertain whether Annunciation House has committed any crimes in its regular operation of housing immigrants and providing asylum workshops.
- The facts alleged by the Attorney General do not constitute criminal activity. Furthermore, the Attorney General does not have jurisdiction to independently investigate or file criminal charges against the Annunciation House or its employees, volunteers, or guests.
- The Attorney General’s legal suit is not grounded in law. The Fifth Circuit of Appeals’ in 2017 ruled in Cruz v. Abbott that shelters providing humanitarian aid, like the Annunciation House, would never be at risk of prosecution for providing social services and housing services to immigrants.
- In Cruz v. Abbott, the court found that the Texas statute of “harboring” an undocumented person “did not apply to…social service organizations that provided temporary shelter in exchange for labor, and thus, landlords and social services organizations, which provided shelter without regard to immigration status, did not face a credible threat of prosecution under the statute.” In support of that, the head of the Texas Department of Public Safety, Colonel Steven McCraw, provided an affidavit that his agency “would not investigate, file criminal charges, or otherwise engage in enforcement activity” against plaintiffs for “harboring” “illegal aliens.”
- As a result, the 5th Circuit found that “there is no reasonable interpretation by which merely renting housing or providing social services to an illegal alien constitutes “harboring … that person from detection…. (emphasis added).” Therefore, providing humanitarian assistance and services to immigrants is not a crime in Texas and the Attorney General’s threat of prosecution against volunteers and employees is meritless under state and federal law.
- Lastly, using an administrative document review power to threaten humanitarian workers with baseless criminal accusations to shut down a faith-based humanitarian organization could set a far-reaching and dangerous precedent in our state. If successful, Annunciation House, Inc. v. Ken Paxton could pave the way for similar targeting of schools, hospitals, and other social services and businesses.
Texas Immigration Law Council is available as a legal resource to shelters, their staff, and their volunteers to better protect and prepare our communities should more lawsuits like this arise.
###
The Texas Immigration Law Council is a statewide nonprofit 501(c)(3) organization formed in 2023 to promote and protect the rights of immigrants and refugees of all nationalities in Texas. The Council promotes meaningful access to justice for immigrants and refugees by serving as a statewide immigrant legal resource center. The Council brings together constituencies across the political spectrum to advance constructive dialogue on immigrant solutions for Texas.
