Texas Attorney General Ken Paxton’s efforts to shut down El Paso’s Annunciation House migrant shelters will go before the Texas Supreme Court in January.
The state’s highest civil court has scheduled oral arguments for Jan. 13 in an appeal brought by the Attorney General’s Office after 205th District Judge Francisco Dominguez in July rejected what he called “outrageous and intolerable” actions by Paxton’s office in seeking to strip Annunciation House of the right to do business in Texas.
“The attorney general is claiming broad powers that could be used to demand documents from – or even close – any corporation doing business in Texas,” said Amy Warr, a spokesperson for the statewide law firm of Alexander Dubose and Jefferson, which is representing Annunciation House before the Texas Supreme Court.
https://www.kxan.com/news/texas-politics/ken-paxtons-evasive-relationship-with-the-press/The Texas Attorney General’s Office, which rarely responds to media inquiries, did not respond to El Paso Matters’ request for a comment ahead of the oral arguments.
The Supreme Court hearing will take place a week before Donald Trump is sworn in as president, and the attorney general’s brief in the appeal at times sounds like the president-elect’s campaign rhetoric.
“Earlier this year, President Biden admitted what Texas has known for years: Due to his Administration’s failed border policies, our Nation is facing an immigration ‘crisis,’” Paxton’s office told the court in an Oct. 17 brief.
The arguments made in briefs to the Texas Supreme Court by the Attorney General’s Office and lawyers for Annunciation House largely mirror their arguments before Dominguez. The attorney general argues that the use of what is known as a quo warranto is an appropriate response to its accusation that Annunciation House is operating “stash houses” for migrants; lawyers for the El Paso nonprofit say Paxton is engaging in a sweeping abuse of power.
“For all of Texas history, quo warranto has been an extraordinary but limited remedy, seldom used to forfeit corporate charters. Until now, corporations have been deprived of their charters only on grounds the Legislature specified, such as certain felony convictions, violation of a law that itself requires forfeiture, or engaging in activities without a required license. But today the State proposes a dramatic, unprecedented expansion of quo warranto: that corporate forfeiture is appropriate for a violation of any Texas statute, at the AG’s discretion,” Annunciation House’s lawyers said in a Nov. 27 brief to the Texas Supreme Court.
In its brief, the Attorney General’s Office said its actions were proper.
“Multiple state laws and the Texas Constitution support the Attorney General’s actions and his lawful efforts to implement the policies for which Texas voters elected him. Initiating a quo warranto proceeding was in all events a properly tailored means to achieve that interest,” the brief said.
FROM THE ARCHIVES: AG PAXTON vs ANNUNCIATION HOUSE
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Annunciation House has been providing what it calls hospitality for migrants and refugees since 1978, when it was founded by Ruben Garcia and others associated with the El Paso Catholic Diocese who drew inspiration from St. Teresa of Calcutta.
Annunciation House has argued in court proceedings that Paxton’s actions violate the Texas Religious Freedom Restoration Act.
Border enforcement officials have long released migrants to Annunciation House after they’ve been processed and given a court date. Migrants generally stay in shelters for a couple days before their families or sponsors buy them bus or plane tickets.
The conflict between Paxton and Annunciation House began Feb. 7, when representatives from the Attorney General’s Office served Annunciation House with a request to examine operational records.
The following day, Dominguez granted Annunciation House’s request for a temporary restraining order against the attorney general. Paxton countersued Annunciation House on Feb. 20, alleging the nonprofit failed to immediately respond to his requests for records and should be stripped of its ability to do business in Texas.
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