The Texas Supreme Court heard oral arguments in a case that could determine the future of Annunciation House and other faith-based organizations that help migrants in the state.
Multiple justices questioned whether the Attorney General’s Office was violating the Texas Religious Freedom Restoration Act by trying to shutter Annunciation House. The Catholic charity says helping the poor is part of its mission.
“We don’t dispute their religious beliefs but it’s not clear how the alien harboring ban substantially burdens those beliefs,” Assistant Attorney General Ryan Baasch told the justices.
He said if Annunciation House wants to exercise their religion to help the needy, “Well, they can do that for U.S. citizens. They can do that for legally present aliens.”
Annunciation House attorney Amy Warr told the justices, “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.”
Warr said most of the migrants temporarily housed by the organization are brought to the shelter by Immigration and Customs Enforcement or ICE after they’ve been processed and released with documents to await immigration court proceedings. They have permission to remain in the country legally during the time.
The few undocumented migrants Annunciation House helps include some who have not been processed by the federal government. “One category are people who have been brought to us by the FBI or Homeland Security to serve as witnesses in trafficking operations,” War said.
“There’s absolutely no evidence in the record that we’ve concealed anyone,” Warr said.
Texas Supreme Court Justice Jane Bland told Assistant Attorney General Baasch, “A person isn’t guilty of criminal offense of harboring or concealing by merely exercising their right to object to a subpoena. Baasch answered “I think if the objections are frivolous...then it can give rise to an inference of harboring.”
The court disagreed and asked instead for his “best argument” that Annunciation House engages in harboring illegal immigrants.
Annunciation House has provided temporary shelter to migrants and refugees in the El Paso area for more than 50 years. Texas Attorney General Ken Paxton alleges the organization facilitates illegal immigration and in February of last year demanded access to intake documents within 24 hours starting a nearly year-long legal battle to shut down the nonprofit organization.
Annunciation House asked for a court to determine what documents the Attorney General’s Office had a right to to legally and a state district court granted a temporary restraining order against the Attorney General to allow time for review. The AG filed a counter lawsuit and Attorney General Paxton publicly accused the Catholic organization of operating a “stash house.” Annunciation House executive director Ruben Garcia strongly denies the allegations.
State District Court Judge Francisco Dominguez in July found the Texas Attorney General’s Office did not follow the procedures required to subpoena the documents and ruled Annunciation House was protected from “future harassment.”
The Texas Attorney General’s office appealed the case to the Supreme Court of Texas. The El Paso County Attorney’s Office and Texas Council of Bishops have filed Amicus briefs in support of Annunciation House.
The 24 bishops in Texas who are board members of the conference in their brief stated Annunciation house is engaging in the “free exercise of sincere religious beliefs” and is protected by the Texas Religious Restoration Act.
“As it proclaims to the public, Annunciation House carries out its Catholic mission, humbly but resolutely, by feeding and sheltering poor migrants. There is nothing secret, nor nefarious, about this vital mission,” the brief stated.
The fight could have wider implications for faith-based organizations across Texas that provide humanitarian aid to migrants including Catholic Charities of the Rio Grande Valley. The Texas Attorney General’s office in an effort investigate a migrant shelter in McAllen has tried to depose Sister Norma Pimentel, the Catholic nun who oversees operations, but was blocked by a state district court judge. The AG appealed and an appellate court will hear arguments on Feb. 12, court records show.
A ruling on the Annunciation House case could take several months. The Texas Supreme Court typically files a written opinion within 90 days of oral argument.
