State Judge Blocks Texas AG Ken Paxton’s Attempts to Investigate NGO Accused of Facilitating Illegal Immigration

Venezuelan nationals released by Border Patrol wait for dinner at a hotel provided by the Annunciation House in El Paso, Texas, on Sept. 22, 2022. Joe Raedle/Getty Images

A state judge on Monday blocked Texas Attorney General Ken Paxton’s efforts to investigate a nongovernmental organization (NGO) in El Paso that the state agency has accused of facilitating illegal immigration.

District Court Judge Francisco Dominguez said in his ruling that Mr. Paxton “acted without regard to due process and fair play” in his attempt to shut down Annunciation House, which provides housing and other services for illegal immigrants.

“The Attorney General’s efforts to run roughshod over Annunciation House, without regard to due process or fair play, call into question the true motivation for the Attorney General’s attempt to prevent Annunciation House from providing the humanitarian and social services that it provides,” Judge Dominguez wrote in Monday’s order, obtained by KDBC-TV. “There is a real and credible concern that the attempt to prevent Annunciation House from conducting business in Texas was predetermined.”

Judge Dominguez ruled Mr. Paxton’s agency must utilize the state’s court system if it wants to investigate the Catholic nonprofit, which has operated in El Paso since the 1970s.

“Both the Attorney General and Annunciation House are now obliged to litigate this matter within the guidelines set forth by the Texas Rules of Civil Procedure, created to ensure fair play between litigants,” the judge wrote.

The Epoch Times has reached out to the attorney general’s office for comment.

On Feb. 7, the Office of the Attorney General (OAG) sent lawyers to Annunciation House and requested records regarding its clients. It was given one day to turn over the information.

Annunciation House asked for a 30-day extension, which the state agency denied. The NGO then filed a request for a temporary restraining order (TRO), further delaying the state’s request. The TRO expired on March 7.

Mr. Paxton’s office responded with a lawsuit to shut down the organization, accusing it of “facilitating, encouraging, and aiding illegal entry” to the United States, according to court documents.

“The chaos at the southern border has created an environment where NGOs, funded with taxpayer money from the Biden Administration, facilitate astonishing horrors, including human smuggling,” Mr. Paxton said in a statement after filing the lawsuit on Feb. 20.

Annunciation House did not respond to The Epoch Times’ request for comment before press time.

‘No Attempt’ to Negotiate With NGO

During a court hearing on March 7, Assistant Attorney General Ryan Baasch said that Gov. Greg Abbott had requested an investigation into NGOs that provide assistance to illegal immigrants, The Texas Tribune reported.

The judge reportedly accused the state of not offering to negotiate or act in good faith in its request to Annunciation House.

“There was no attempt whatsoever to negotiate by the attorney general, which is what gives the court rise for concern that there are ulterior political motives here taking place that go outside of what the law requires, go outside of what the law demands,” Judge Dominguez said.

According to the attorney general, the law requires a speedy response to the state’s request for documents.

Annunciation House’s founder and director, Ruben Garcia, told El Paso Matters that the attorney general’s actions could threaten businesses that operate in the state.

“It kind of sends a shiver through all incorporated entities in the state of Texas because people are going to ask, does this mean that the attorney general feels that they have the authority to arrive at any institution, any business, any entity, and just walk up and say, we are submitting a request to examine,” Mr. Garcia asked. “And I think that’s a really fundamental question about whether that’s a way to function.”