Texas attorney general appeals decision in case against Catholic nonprofit

A migrant woman prays in front of an image of Our Lady of Guadalupe at a migrant shelter in McAllen, Texas, run by Catholic Charities of the Rio Grande Valley. / Credit: Peter Pinedo/CNA

Washington, D.C. Newsroom, Jul 19, 2024 / 18:16 pm (CNA).

Texas Attorney General Ken Paxton is appealing a district judge’s dismissal of a state investigation into an El Paso Catholic nonprofit accused of facilitating illegal immigration.

Paxton’s office is also going forward with investigations into other border nonprofits he suspects of illegal activity including Catholic Charities of the Rio Grande Valley.

According to Paxton, his investigation into Annunciation House, the El Paso migrant shelter at the center of the controversy, determined that the nonprofit is “in a category of its own among these NGOs [nongovernmental organizations], openly operating in violation of the law without any pretense of trying to comply with the law.”

“For too long,” Paxton said, “Annunciation House has flouted the law and contributed to the worsening illegal immigration crisis at Texas’ border with Mexico. I am appealing this case and will continue to vigorously enforce the law against any NGO engaging in criminal conduct.”

Located just a few minutes from the U.S.-Mexico border in El Paso, Annunciation House is a lay-run Catholic organization that offers migrants temporary shelter, food, and clothing and advocates on their behalf. 

On Feb. 7 Paxton’s office ordered the nonprofit to immediately turn over various documents and records to examine whether it is engaged in unlawful activities. Annunciation House refused to comply with the order and denied any illegal activity.

In early July, El Paso District Court Judge Francisco Dominguez dismissed Paxton’s suit, partially because he said it violates the Texas Religious Freedom Restoration Act.

Dominguez wrote that the state’s suit “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’ of securing compliance with the law.”

In response, Paxton’s office said that Dominguez “falsely accused” Paxton of investigating Annunciation House because of the organization’s Catholic ties, saying that “the judge’s assertion is not supported by any evidence, and the judge tellingly failed to identify any.”

Meanwhile, Catholic Charities of the Rio Grande Valley, which operates a migrant shelter and is a part of the Diocese of Brownsville, Texas, is also contesting Paxton’s investigation in court.

State District Judge J.R. Flores said in a Wednesday hearing that he would rule as early as next week whether the state could depose one of the leaders of Rio Grande Catholic Charities, according to reporting by local news outlet KBTX3.

According to KBTX3, Sister Norma Pimentel, executive director of the Brownsville Diocese Catholic Charities, responded to the hearing by saying she was “glad we had a chance to present our case in court today” and that “the small staff at Catholic Charities works tirelessly around the clock to serve needy people throughout our communities.”