Judge: Texas AG's office acted "unprofessionally" in request for Annunciation House records

The Texas Attorney General’s Office’s demands for the Annunciation House to turn over documents were “unprofessional” and made with “ulterior political motives,” a district court judge said.

Judge Francisco X. Dominguez, who presides over the 205th District Court, issued the strong statements during a hearing on whether the Annunciation House will be forced to turn over documents about the migrants seeking asylum they have housed in El Paso shelters.

Annunciation House director Ruben Garcia said after the hearing that he shared the judge’s concern that this was politically motivated.

“We are particularly concerned that this entire effort is really not about wanting to access documents, but more about wanting to close down the Annunciation House,” Garcia said after the hearing. “I am extremely grateful of the judge bringing up the motivation for wanting to close down the Annunciation House.”

Texas Attorney General’s Office attorneys did not talk to reporters after the hearing.

Dominguez did not make a ruling at the end of the hearing on Thursday, March 7. He concluded the more than two-hour hearing by stating he would review the documents, motions filed in the case and the attorneys' arguments.

Dominguez did not say when he is expected to make a ruling.

Heightened security measures were put in place for the hearing, including extra bailiffs and El Paso County Sheriff’s Office deputies. People attending the hearing had to go through two security checks — one at the entrance of the courthouse and another before entering the courtroom.

The courtroom was filled to capacity, and more than 40 people, mostly supporters of the Annunciation House, attended the hearing.

Jerome Wesevich, Annunciation House's attorney, said the ruling could come as soon as Thursday afternoon.

Wesevich is asking Dominguez to order the documents not to be released until the judge has reviewed all the requested documents and determined what information the Annunciation House must turn over by law.

Wesevich said during the hearing the Annunciation House is willing to turn over the documents once a judge rules which documents must be released to the attorney general.

Attorneys for the Texas Attorney General’s Office argued the Annunciation House has failed to prove providing the documents violates any constitutional rights.

The documents being fought over in court include personal and medical records of the migrants staying at the Annunciation House and its shelters.

The information includes names, dates of births, medical history, medications needed by the migrants, and the names of the migrants’ family members.

Garcia was the only witness to testify during the hearing.

He testified he feared turning over the documents could put the migrants in danger since the people and gangs they are fleeing from in their home country could find them.

Garcia also said turning over the documents could be “detrimental” to the nonprofit organization, as migrants would lose trust in it.

Texas Attorney General’s Office attorneys Ryan Baasch and Robbie Farquharson argued the Annunciation House had turned over this information before when the organization applied for federal grants. Therefore, there is no reason it should not turn over the documents to the Texas Attorney General’s Office.

Garcia countered that he did not know how the Texas Attorney General’s Office worked or who would have access to the documents, so he wanted a judge to rule on which documents, by law, must be handed over.

The hearing ended with Dominguez admonishing the Texas Attorney General’s Office’s attorneys, stating they acted “unprofessionally” and “failed to act in good faith” by sending lawyers to the Annunciation House and demanding the documents, and their failure to work with the Annunciation House to reach an agreement on what can be handed over.

He also called into question the possible “ulterior political motives” of the Texas Attorney General’s Office for wanting the Annunciation House documents.

Texas Attorney General Ken Paxton claimed in his counter lawsuit filed against the Annunciation House last month that the non-profit organization was a "stash house," providing illegal services to migrants.

“The chaos at the southern border has created an environment where NGOs (non-governmental organizations), funded with taxpayer money from the Biden administration, facilitate astonishing horrors including human smuggling,” Paxton said at the time in a statement. “While the federal government perpetuates the lawlessness destroying this country, my office works day in and day out to hold these organizations responsible for worsening illegal immigration.”

In the end, Dominguez did not rule on whether he would grant more time for the two sides to reach an agreement or decide what documents the Annunciation House must turn over.

Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter @AMartinezEPT.

This article originally appeared on El Paso Times: Court hearing on Annunciation House documents ends without ruling