Judge finds attempt to close Catholic ministry to migrants violates Texas religious freedom law

On July 2, a state judge denied Texas Attorney General Ken Paxton’s request to close the Annunciation House in El Paso, Texas, a Catholic nonprofit that helps migrants.

The ruling by Judge Francisco X. Dominguez of El Paso County District Court found that Paxton’s office “failed to establish probable cause of action” and that his actions violated the Texas Religious Freedom Restoration Act.

“The record clearly demonstrates that the Texas Attorney General’s use of the request to examine Annunciation House documents was a pretext intended to justify harassment of Annunciation House employees and those seeking refuge,” Dominguez ruled in granting Annunciation House relief.

“This Court has previously expressed concern that the Attorney General failed to indicate from the outset what rights he believed had been violated,” the ruling said.

Paxton’s office did not immediately respond to OSV News’ request for comment.

Texas Attorney General Ken Paxton speaks at a news conference in Washington, April 26, 2022. (Photo by OSV News/Elizabeth Frantz, Reuters)

In court documents and press releases, his office has accused Annunciation House of operating “black houses,” facilitating illegal border crossings, hiding “illegal immigrants from law enforcement” and failing to turn over documents during investigations.

Annunciation House lawyers deny any wrongdoing or illegal conduct and say Paxton’s office failed to follow proper legal procedures to request the documents from them.

Paxton’s moves to close Annunciation House come at a time when some GOP lawmakers have become increasingly hostile to nongovernmental organizations, including Catholic ones, that provide food and shelter to migrants at the U.S.-Mexico border.

A February lawsuit filed by Paxton previously sought to shut down Annunciation House, accusing it of “human smuggling,” in a move condemned by local officials and Catholic immigration advocates, including El Paso Bishop Mark J. Seitz. In March, Dominguez issued an injunction blocking Paxton’s subpoena to Annunciation House, finding that both Paxton’s actions appeared politically motivated and that they needed to go through due process in the state court system.

The El Paso Diocese did not immediately respond to OSV News’ request for comment.

In its motion, Paxton’s office attempted to downplay the “religious element” of Annunciation House’s mission, arguing, “Instead, Annunciation House members appear to follow a more gypsy-like set of ‘seven commandments,’ including commandments to ‘visit’ people when they are ‘incarcerated,’ and ‘care for (them) when they are sick.”

However, according to an analysis of the document by OSV News, these quotes come from a witness who was apparently referring to what the Catholic Church calls the “seven corporal works of mercy.”

The case has even caught the attention of Pope Francis, who criticized Paxton’s attempt to close the House of the Annunciation, calling it “madness” in a recent interview with CBS News.

In the pope’s first one-on-one interview with an American broadcaster, CBS journalist Norah O’Donnell asked: “The state of Texas is trying to shut down a Catholic charity on the Mexican border that offers humanitarian aid to undocumented migrants. What do you think?”

“This is madness. Pure madness,” Pope Francis responded.

Annunciation House operates several shelters in the El Paso area, helping migrants and refugees with food, housing and other assistance, as well as providing information on how to complete the required legal paperwork to apply for asylum in the U.S.

Read more Religious freedom