EL PASO, Texas (EL PASO MATTERS) — Texas Attorney General Ken Paxton can move forward with his efforts to gather records from El Paso’s Annunciation House to investigate his claims that the migrant shelter network was harboring undocumented immigrants, the Texas Supreme Court ruled Friday.
“We conclude that the trial court erred in its constitutional holdings. 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 state’s highest civil court said in an 8-0 decision.
Quo warranto is a centuries old legal term, with roots in English common law, that requires a person or organization to show what authority they have for exercising a right or ability they hold. In this case, Paxton is challenging Annunciation House’s right to do business in Texas. The ruling noted that this is the first time in more than a century that the Texas Supreme Court ruled on a quo warranto proceeding.
Ruben Garcia, founder and executive director of Annunciation, told El Paso Matters Friday that the organization is looking at the full ruling and couldn’t comment until they have a complete understanding of all its implications.
The court overturned a July 2024 ruling by 205th District Judge Francisco Dominguez of El Paso, who ruled that the “outrageous and intolerable actions” by the Attorney General’s Office were unlawful and relied on unconstitutional statutes. Paxton’s office appealed the decision directly to the Texas Supreme Court, which heard oral arguments in January.
Paxton and all the justices on the Texas Supreme Court are Republicans. Dominguez is a Democrat. Justice James Sullivan, who was appointed to the high court last year by Gov. Greg Abbott, did not participate in the decision. Supreme Court justices aren’t required to explain reasons for recusing from cases.
Annunciation House says it has operated in compliance with all laws and in accordance with Catholic teachings. Federal immigration agencies have long worked with the organization, which has operated for more than 40 years, to provide care for migrants after they are released by federal authorities.
The shelter network said Paxton’s request would give his office access to confidential records, and violated Annunciation House’s religious freedom.
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