Texas Supreme Court hears arguments in AG's attempt to shut down Catholic ministry to migrants

Texas Supreme Court hears arguments in AG's attempt to shut down Catholic ministry to migrants
By Kate Scanlon , OSV News

(OSV News) -- The Texas Supreme Court Jan. 13 heard oral arguments in a case concerning Texas Attorney General Ken Paxton's attempt to shut down El Paso's Annunciation House, a Catholic nonprofit serving migrants.

In court filings and press statements since February 2024, Paxton's office has alleged Annunciation House runs "stash houses," facilitates illegal border crossings, conceals "illegally present aliens from law enforcement" and did not turn over documents the office sought in its investigation. But Annunciation House and its attorneys denied wrongdoing or illegal conduct and said Paxton's office did not adhere to appropriate legal processes for requesting documents from the organization.

In July, a state judge denied Paxton's effort to shut down the nonprofit, finding that his office "failed to establish probable grounds for the proceedings" and that the effort violated the Texas Religious Freedom Restoration Act, among other issues. Shortly after, Paxton appealed directly to the state's highest court to revive his effort.

During arguments, Assistant Attorney General Ryan Baasch said Annunciation House "is not immunized because of its religion." Amy Warr, an attorney representing Annunciation House, said the attorney general's office used "rhetoric" rather than evidence in its claims, and there is no evidence of illegal conduct on the ministry's part.

"There has been no violation of the harboring statute because Annunciation House, an established ministry of the Catholic Church, does not hide undocumented people from law enforcement. Hiding them is an element of the harboring statute," Warr said.

Referring to U.S. Immigration and Customs Enforcement, Warr added, "Most of the people who we house are brought to us by ICE after they have processed them and they need a place to stay."

America First Legal, a group founded by Stephen Miller, a top aide to President-elect Donald Trump and the incoming White House deputy chief of staff for policy and homeland security adviser, backed Paxton's effort to shutter the Catholic ministry.

In a brief filed in the case, the group wrote, "NGOs like Annunciation House, whether motivated by politics, religion, or otherwise, should not be permitted to undermine American law and sovereignty, exacerbate the border crisis, endanger American national security, and violate Texas laws with impunity."

But First Liberty Institute, a religious freedom organization which is often associated with conservative clients, argued on behalf of the Catholic ministry. Elizabeth Kiernan, representing that group, said Annunciation House's work is motivated by its Catholic faith.

"The Catholic Church has claimed Annunciation House as one of its own," Kiernan said, adding that if the Texas Religious Freedom and Restoration Act "protects anything, it protects this religious charity against outright closure."

Catholic leaders, including El Paso's Bishop Mark J. Seitz, have spoken out against Paxton's effort. Bishop Seitz is chairman of the U.S. Conference of Catholic Bishops' Committee on Migration.

In a brief filed on behalf of Annunciation House, the Texas Catholic Conference of Bishops said that Catholics are called to carry out the corporal works of mercy, which center on acting charitably toward the poor.

"The Catholic Church emphasizes that Catholics have a 'moral obligation to treat the stranger as we would treat Christ himself,'" the brief said, quoting from the USCCB's summary of Catholic social teaching on immigration.

The brief further argued about Annunciation House that "There is nothing hidden, nor criminal, about its very public and decades-long ministry."

"Rather, it is an openly, joyously proclaimed example of a Catholic ministry seeking to carry out the corporal works of mercy," it said. "As such, it should be free from interference from state agencies."

The case even caught the attention of Pope Francis, who criticized Paxton's attempt to shut down Annunciation House, calling it "madness" during an interview with CBS News in 2024.

Annunciation House operates several shelters in the El Paso area, helping migrants and refugees with food, housing and other assistance, as well as providing information about how to complete the required legal documents to seek asylum in the U.S.

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Kate Scanlon is a national reporter for OSV News covering Washington. Follow her on X @kgscanlon.