Texas AG denied faith-based nonprofit's records on migrants until case is heard in court
EL PASO — A District Court judge ruled the Texas attorney general's office attempted to "run roughshod" and acted "without regard to due process or fair play" when it demanded Annunciation House to turn over files on the migrants that the faith-based nonprofit has housed.
Judge Francisco X. Dominguez of the 205th District Court ruled that Annunciation House officials do not have to turn over any documents until the court makes a final ruling on which documents the organization, if any, must turn over to the attorney general.
Dominguez stressed in his ruling that he's concerned about the motives behind the attorney general's office's demands of the Annunciation House. Concerns he also brought up during a March 7 hearing.
"In the case at hand, the last, actual, peaceable, non-contested status, which preceded the pending controversy was Annunciation's House right to exist as a non-profit entity and conduct business in the state of Texas," Dominguez said in his ruling. "The Attorney General's efforts to run roughshod over Annunciation House, without regard to due process or fair play, call into question the true motivation for the Attorney General's attempt to prevent Annunciation House from providing the humanitarian and social services that it provides.
"There is a real and credible concern that the attempt to prevent Annunciation House from conducting business in Texas was predetermined."
Attorney General Ken Paxton accused Annunciation House, which for decades has provided aide to migrants who have been legally released into the country, of running a "stash house."
El Paso leaders have rallied in support of the nonprofit and Ruben Garcia, the organization's director.
Dominguez ruled that the case must follow the Texas Rules of Civil Procedures, meaning all motions and arguments will be heard in court and ruled on by a judge. Actions over the documents must not take place until Dominguez issues his final ruling.
Motions filed by Annunciation House seeking a temporary injunction and for the judge to quash the attorney general's demands for the documents were denied. Dominguez denied the motions since they are now moot with his order that the case must follow the Texas Rules of Civil Procedures, he said in his ruling.
Several motions are still pending in the case, including the appropriate court to hear the case and what subpoena, if any, will be issued.
More: El Paso community shows support for Annunciation House as shelter fights Texas AG in court
Garcia, the nonprofit's director, said Dominguez's ruling upholds the constitutional rights of Annunciation House and similar organizations.
"We're grateful that the judge has rule that we're going to have to follow this process in a more constitutional manner and it's going to require that we are able to submit the reasons why it is that we want to have a review from the courts as to whether it is legally acceptable to have the attorney general simply show up at any business of operation and demand records," Garcia said.
"I think this is really important that we understand what the attorney general did," he said. "We have the impression that the attorney general believes that he can walk into any business, any health care provider in the state of Texas, and simply demand to have access to any and all documentation, and that's questionable for us."
The attorney general's office did not immediately respond to a request for comment.
The documents in question contain personal and medical records of the migrants staying at 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.
The legal battle between the attorney general's office and Annunciation House started in February when Paxton sent three lawyers to the nonprofit demanding it turn over the documents.
Annunciation House officials filed a lawsuit against the attorney general's office requesting a judge to review the documents and determine which, if any, must be turned over by law.
Garcia and his attorney, Jerome Wesevich, said they are willing to turn over any documents after a judge makes a ruling.
No court hearing on the lawsuit and its pending motions has been scheduled, court records show.
This article originally appeared on Austin American-Statesman: Annunciation House does not yet have to turn over records to Texas AG
