EL PASO, Texas (KTSM) — Judge Francisco X Dominguez heard arguments and testimony from both counsels during Thursday’s, March 7, injunction hearing for Annunciation House.
The battle over the release of documents is still ongoing after Dominguez adjourned court without issuing a ruling.
“I’ve been looking at it, but now that I’ve heard your argument and your evidence today, the court will look at that and get your ruling as soon as it is practical,” said Dominguez.
Judge Dominguez labeled the way the Office of the Attorney General demanded the documents as “rude” and “unprofessional”.
“This is the part where you’re starting to offend my intelligence. You did not offer to negotiate. You did not offer to act in good faith. That’s the whole reason why I granted why this court granted the temporary restraining order… all I heard from day one with the petition and the testimony that I heard today is a willingness to cooperate with you in a meaningful, respectful, professional way that protects all interests. The attorney general’s interest and Annunciation House’s interest,” said Dominguez.
The district court judge continued and said the attorney general’s lack of attempts to negotiate concerned the court, giving rise to concern “that there are ulterior political motives taking place that go outside of what the law requires, outside of what the law demands.”
“Big picture here. There’s a lot of interest in how NGOs at the border, like Annunciation House are operating. The governor publicly called for an investigation into that issue over a year ago. We have no idea what’s going to be found as part of that investigation, but it’s our duty at the attorney general’s office to make the investigation. As part of the investigation, we served narrowly tailored documents and requests for what I would consider to be highly innocuous material,” said Ryan Baasch, an attorney representing the Office of the Texas Attorney General Ken Paxton.
Ruben Garcia, director of Annunciation House and counsel argue that their organization has failed to receive clarification of what type of documents they are legally required to turn over.
Garcia testified that providing certain documents of refugees that have stayed under the roof of Annunciation House would be detrimental to the shelter’s operations.
“Some of the information that is given to us could be harmful to either the refugee, him or herself, or to the sponsor if that information were to be made known,” said Garcia. “The aspect of the ability of our houses of hospitality to function given the absolute necessity of trust that develops between the refugees, the guests and the staff, the volunteers. That relationship is a profound relationship that when they share their story with us, they believe that to be done in confidence.”
Attorney Paxton’s counsel argued that the reasons given by the Annunciation House to not comply with the Attorney General’s demands did not qualify to override or supersede the Constitution.
Annunciation House’s attorney, Jerome Wesevich, called the two-hour hearing ridiculous. He echoed the judge’s suggestion that Attorney General’s Paxton’s agenda was politically motivated.
“This entire effort has really not been about wanting to access documents, but more about wanting to close down Annunciation House,” said Garcia.
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