EL PASO, Texas (CNS) — A Texas judge on Tuesday ruled in favor of a migrant shelter in El Paso, once again blocking state Attorney General Ken Paxton's efforts to shut it down.
Attorney General Ken Paxton began his legal fight with Annunciation House in February, when he subpoenaed the nonprofit’s records regarding the shelter's operations and about the migrants they assisted.
In his ruling, El Paso County Judge Francisco Dominguez granted Annunciation House’s motion for summary judgment. He ordered Paxton’s office to submit future subpoena requests against Annunciation House to the court for review before they can be enforced.
Dominguez repeatedly rebuked the Paxton's motivations for the subpoena. “As the top law enforcement officer of the state of Texas, the attorney general has a duty to uphold all laws, not just selectively interpret or misuse those that can be manipulated to advance his own personal beliefs or political agenda," the judge wrote.
He pushed back against many of Paxton’s accusations towards Annunciation House. Paxton had claimed the nonprofit was assisting migrants regardless of legal status, and accused them of human smuggling and running a stash house.
“The record before this court makes clear that the Texas attorney general’s use of the request to examine documents from Annunciation House was a pretext to justify its harassment of Annunciation House employees and the persons seeking refuge," Dominguez wrote.
“This court previously expressed its concern that the attorney general did not identify what laws he believed were being violated from the outset,” Dominguez continued, referring to an earlier order in March. “In fact, the record before the court now establishes that the attorney general was seeking evidence of alleged criminal activity all along. This is outrageous and intolerable.”
In a footnote he added: "Based on the facts alleged by the attorney general and the sources cited in support of his allegations, none of these charges can be sustained or survive legal scrutiny. This is further evidence of the attorney general’s abuse of the administrative subpoena process.”
Citing the 2015 U.S. Supreme Court case City of Los Angeles v. Patel, Dominguez also struck down two Texas statutes as unconstitutional violations of the Fourth Amendment’s protection from unreasonable search and seizure.
“Additionally, the attorney general’s actions in its use of the request to examine and his predetermined efforts to close down Annunciation House are substantially motivated by his retaliation against Annunciation House’s exercise of its First Amendment right to expressive association,” Dominguez wrote, citing the 2000 U.S. Supreme Court case Boy Scouts of America v. Dale.
Texas RioGrande Legal Aid represented Annunciation House. In a statement Tuesday, lead attorney Jerome Wesevich said "it’s not surprising that the court agreed with us on all the grounds.”
Paxton’s office did not respond to a request for comment but is expected to appeal.
Annunciation House founder and director Ruben Garcia told El Paso Matters that “in my heart of hearts I would hope … that this truly would be a determining action and that this would bring it to an end. That’s my hope, that would be my prayer.”
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