The Texas Supreme Court ruled in favor of the Texas Attorney General Ken Paxton, allowing him to continue his investigation into the El Paso non-profit Annunciation House over allegations of aiding migrants illegally in the U.S.
Texas Supreme Court justices unanimously ruled a permanent injunction issued by El Paso Judge Francisco Dominguez of the 205th District Court preventing Paxton from getting private records from Annunciation House, a Catholic nonprofit organization that aids migrants, was “premature at best.”
Ruben Garcia, director of Annunciation House, sits at the witness stand answering questions from Jerome Wesevich, a lawyer with Texas RioGrande Legal Aid representing Annunciation House during a motion hearing with Judge Francisco Dominguez in the 205th District Courtroom in El Paso, TX on Thursday, March 7, 2024.
“We conclude that the trial court erred in its constitutional holdings,” the justices wrote in their opinion issued Friday, May 30. “We likewise conclude that the court’s related injunctions, which prevent the attorney general from even filing a quo warranto action, were premature at best. Our primary holding is that the attorney general has the constitutional authority to file his proposed quo warranto action, which simply allows the usual litigation process to unfold.”
The justices’ ruling only overturned Dominguez’s ruling preventing the release of the documents and not the merits of the case. The case was remanded back to Dominguez for the case to move forward in his courtroom.
“It is too early for us, or for any court, to express a view about the merits of the underlying issues,” the justices wrote.
More: Texas Supreme Court hears arguments in Texas AG’s battle with El Paso’s Annunciation House
A date on when the next hearing in the case will be take place has not been set yet, court records show.
Ruben Garcia, founder and executive director of the Annunciation House, told El Paso Matters that the organization is looking at the full ruling and couldn’t comment until they have a complete understanding of all its implications.
“Today is a great victory for Texas, secure borders, and the rule of law,” Paxton said in a statement.
“Annunciation House has flagrantly violated our laws by harboring illegal aliens and assisting them to enter further into our country,” Paxton said. “This cannot be allowed to continue, and I will do everything in my power to stop them and any other NGO breaking our laws.”
The Texas Supreme Court heard arguments in the case Jan. 13 in Austin before issuing Friday’s ruling.
The Texas Supreme Court justices are all Republicans. The Supreme Court is comprised by Chief Justice Jimmy Blacklock, and justices Debra Lehrmann, Jeff Boyd, John Devine, Brett Busby, Jane Bland, Rebeca Aizpuru Huddle, Evan A. Young and James P. Sullivan. Sullivan did not participate in the Annunciation House case.
Paxton demands records from Annunciation House
The legal fight between Annunciation House and Paxton began in February 2024 when Paxton sent three attorneys to the nonprofit. The attorneys demanded that Annunciation House turn over documents on migrants it had housed after they were released from federal immigration custody.
The documents include names, dates of birth, medical history, medications needed by the migrants, and the names of the migrants’ family members.
U.S. Rep. Veronica Escobar, D-El Paso, listens as Annunciation House Executive Director Ruben Garcia discusses the lawsuit filed against his organization by Texas Attorney General Ken Paxton during a news conference on Feb. 23, 2024.
Paxton claimed he wanted the documents as part of an investigation into allegations that Annunciation House was illegally housing and hiding migrants.
Annunciation House leaders refused to release the records and filed a lawsuit asking for a judge to rule whether the organization was legally required to turn over any of the documents. Paxton countersued, calling the Annunciation House a “migrant stash house.”
Religious freedom vs criminal acts
Annunciation House officials have argued in court that they have not broken any laws and operate as a religious organization. The organization has never hidden migrants from law enforcement, Amy Warr, an attorney for Annunciation House, said during arguments before the Texas Supreme Court in January.
The shelter works with the federal government to house migrants as they wait for asylum court dates or to testify in unrelated criminal cases, such as human smuggling. Annunciation House refused to hand over the documents to the AG’s office because it contained private, protected information on the people the nonprofit serves, Warr said.
Texas Attorney General Ken Paxton at a rally at the Tarrant County Republican Party Headquarters in Fort Worth on Jan. 6, 2025.
Warr claimed Paxton’s attack against Annunciation House is just anti-immigration political rhetoric.
Texas Attorney General’s Office attorney Ryan S. Baasch argued in January that Paxton was not attempting to stop Annunciation House leaders from exercising religious activity, but was only trying to stop an organization from committing a crime, such as housing migrants illegally.
More: Texas AG Ken Paxton files appeal against judge’s ruling on Annunciation House lawsuit
Annunciation House provides various services to migrants, immigrants, and refugees in the El Paso area. The migrants the organization aids have been released from federal immigration custody as they await court hearings in asylum cases or while they seek other immigration relief.
The services provided include temporary shelter, legal services, food, medicine, donated clothes and help to connect migrants to family members they have in the U.S.
Paxton accused of abuse of power
El Paso city Reps. Chris Canales and Josh Acevedo, and El Paso County Commissioner David Stout said in a joint statement that the court is allowing Paxton to “abuse the powers of his office.”
“Today’s (Friday) State Supreme Court ruling allowing Ken Paxton to harass Annunciation House with an aimless investigation is deeply disappointing and the wrong direction for our community,” the El Paso leaders said in the statement. “The state supreme court has allowed the attorney general to abuse the powers of his office to target an organization that has done nothing but provide necessary humanitarian services and dignity to the most vulnerable people in our community.”
The leaders called into question what public service organizations Paxton would target next.
“It is a sad waste of resources that will do nothing but get in the way of maintaining the safety of our community,” the statement said. “It will continue to distract from the mission and values we hold here in El Paso, which of course is the goal. Who might be next? Organizations that fight for civil rights, or that support LGBTQ community members? Where does this lead? Using the power of the state to attack organizations that provide vital assistance to members of our community cannot stand.”
The leaders vowed to fight against what they called “political lies.”
“We will fight for Annunciation House, and we will pass through these tribulations brought by political lies about immigrants that have shaken our faith in the justice system and in democracy,” the statement read. “But we have a greater faith that the strength of our democratic institutions and our people will prevail. Justice will prevail over this abuse of power.”
Aaron Martinez covers the criminal justice system for the El Paso Times. He may be reached at amartinez1@elpasotimes.com or on X/Twitter @AMartinezEPT.
This article originally appeared on El Paso Times: Texas Supreme Court rules in AG’s favor in Annunciation House lawsuit