EL PASO, Texas (Border Report/KTSM) – Texas’ attorney general is asking a state judge to shut down operations at one of El Paso’s largest migrant advocacy nonprofits for failing to comply with records requests.
The temporary injunction motion filed Wednesday in the 205th Judicial District alleges Annunciation House has violated the law by not allowing the Office of the Attorney General to “inspect, examine, and make copies” of its operation records. It says that it violates at least two state felony statutes and asks that the nonprofit’s registration be revoked.
The motion states, “The State asks that the court issue temporary injunctive relief to enjoin Annunciation House’s continued operations during the pendency of this lawsuit.”
Annunciation House’s attorney, Jerry Wesevich, told KTSM, “There is no legal basis to support any of today’s temporary injunction filed by the Texas AG’s office. This is the same information presented to the court in February. At that time, the court set an orderly process in place. We intend to follow that process.”
The state AG’s Office last February accused Annunciation House of unlawfully orchestrating border crossings and called its migrant shelter a “stash house.”
Annunciation House denied the charges. A who’s who of El Paso municipal, state, federal, and community leaders immediately defended the nonprofit and labeled the lawsuit and allegations a political stunt by Republican state elected officials.
The state recently alleged that Annunciation House made false representations to avoid producing documents. That refers to claims that it would be impossible to create such records in the time allotted and that doing so would burden its religion. The nonprofit is faith-based.
The state also alleges the nonprofit has made sworn statements the AG’s Office says amount to admission it systemically engages in criminal conduct, such as knowingly harboring undocumented immigrants and shielding them from detection by refusing government access to its facilities.
Annunciation House filed a lawsuit against the Attorney General’s Office in February for protection.
At a March hearing, state District Judge Francisco X. Dominguez denied motions from the Annunciation House to issue a temporary restraining order or quash the state’s request to examine its documents. The judge then effectively blocked all action until he reviewed the constitutionality of the AG’s Office request.
Wesevich anticipates filing a summary judgment in the case within the next two weeks, asking the judge to rule in Annunciation House’s favor. “The AG’s office is attempting to force a decision before the evidence is presented to court.”
Judge Dominguez will decide whether to hold another hearing in the case following Wednesday’s petition by the AG’s office.
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