Judge rules against Texas attorney general in Annunciation House case

A district court judge has denied Texas Attorney General Ken Paxton’s request to close Annunciation House in El Paso, ruling that the state had not shown a legitimate basis to close the Catholic nonprofit and that the state had violated the organization’s religious freedom.

Judge Francisco X. Dominguez, presiding judge of the 205th District Court, issued a ruling Tuesday, July 2, rejecting Paxton’s efforts to close the Annunciation House and force the organization to turn over the documents of asylum-seeking immigrants the nonprofit has helped.

Paxton alleged in the lawsuit that Annunciation House was a “front house” providing illegal services to migrants. Dominguez ruled that the attorney general’s office “failed to establish probable cause” that Annunciation House violated any criminal laws.

The Texas Attorney General’s Office did not immediately respond to a request for comment on the ruling. The Texas Attorney General’s Office may appeal the judge’s ruling.

Annunciation House representatives and their lawyer are expected to hold a virtual news conference Tuesday morning.

Dominguez also said allegations that the Annunciation House violated criminal laws were “unenforceable” because they were “preempted by federal law.”

More: 4th Amendment, Religious Freedom Key Arguments in Texas Annunciation House Attorney General’s Fight

His ruling says the attorney general’s request that Annunciation House turn over the documents “violates the Texas Religious Freedom Restoration Act by substantially burdening Annunciation House’s free exercise of religion and failing to use the ‘least restrictive means’ to ensure compliance with the law.”

Dominguez added that Paxton’s document requests were “unconstitutionally vague, violative of due process of law, and therefore unenforceable.”

The documents included names, dates of birth, medical histories, medications the migrants had to take, and the names of their family members.

More: Texas Attorney General and Annunciation House Back in Court in Fight Over Organization’s Documents

The legal battle between Paxton and Annunciation House began in February, when Paxton sent three lawyers to Annunciation House to demand that the organization turn over private documents related to migrants it had sheltered after they were released from federal immigration detention. The migrants were released from federal custody while awaiting asylum hearings.

Annunciation House officials refused to release the documents and filed a lawsuit asking a judge to rule what documents, if any, the organization was legally required to turn over. Paxton then filed a counterclaim, alleging that Annunciation House was a “locker house.”

During a March 7 hearing, Dominguez said the Texas Attorney General’s Office acted “unprofessional” and had “ulterior political motives” in seeking documents from Annunciation House.

Aaron Martinez can be reached at [email protected] or on Twitter @AMartinezEPT.