Texas judge says attorney general’s attempt to close Catholic shelter ‘outrageous’

NEW YORK — An El Paso judge has rejected Texas Attorney General Ken Paxton’s request to close a Catholic migrant shelter operating in the city, a decision the local bishop called “a significant moment for religious freedom.”

In a pair of rulings issued July 2, Judge Francisco Dominguez, a judge in the 205th District Court of Texas, ruled that the state had failed to prove probable cause to close Annunciation House and that the state had violated the shelter’s constitutional rights by trying to enforce a subpoena seeking records of migrants the shelter had helped.

In his ruling, Dominguez called Paxton’s behavior “outrageous.”

“It is clear from the record submitted to the Court that the Texas Attorney General’s use of the request to examine Annunciation House documents was a pretext intended to justify the harassment of Annunciation House employees and those seeking refuge,” Dominguez stated.

“This Court has previously expressed concern that the Attorney General failed to identify what rights he believed were violated from the outset.” “Indeed, the record before the Court now confirms that the Attorney General has consistently sought evidence of alleged criminal activity,” Dominguez continued. “It is outrageous and intolerable.”

Dominguez’s ruling bars Paxton from seeking documents at Annunciation House. It also shields the shelter from what Dominguez calls “harassment and abuse” by Paxton’s office.

“As we have discussed, Annunciation House has complied with its obligation to obtain a court order,” Dominguez said.

“First, the Attorney General’s unlawful actions against Annunciation House lack an adequate remedy because of the constitutional rights they affect,” Dominguez continued. “Second, the Attorney General’s conduct of harassment and the pursuit of predetermined results, without regard to the rights of Annunciation House employees and guests, is imminent, ongoing, and irreversible.”

Paxton’s office did not immediately respond to a message. Point requested for comment but is expected to file an appeal.

El Paso Bishop Mark Seitz said Dominguez’s decision is “a significant moment for religious freedom.”

“This is a day of gratitude for El Paso, the work of Annunciation House, and the resilience of our community’s hospitality workers,” Seitz said in a July 2 statement. “It is also an important moment for religious freedom and recognizing the important role faith communities play in helping our nation lead with compassion and humanity in addressing the challenges of migration at the border.”

On Feb. 20, Paxton announced his lawsuit against Annunciation House, which has been in operation since 1978. Paxton sought to revoke the shelter’s registration to operate in the state, claiming it “has engaged in violations of the law, including facilitating illegal entry into the United States, harboring aliens, human smuggling, and operating a clandestine home,” and that he has documentation to prove it.

In response, Annunciation House called Paxton’s claims “baseless” and his attempt to shut down the organization “illegal, immoral and anti-religious.”

After the verdict was announced, Ruben Garcia, founder and director of the House of the Annunciation, expressed uncertainty.

“I hope in my heart that … this really will be a decisive action and that this will bring an end to this. That’s my hope, that’s my prayer,” Garcia told El Paso Matters. “I’m realistic enough to know that this probably won’t end here, and I’m very sorry about that.”

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