Texas AG Ken Paxton files appeal against judge's ruling on Annunciation House lawsuit

Texas Attorney General Ken Paxton filed an appeal after an El Paso judge dismissed his lawsuit aiming to shutdown the nonprofit organization Annunciation House .

Paxton announced his office was filing an appeal Monday, July 15. Paxton has claimed El Paso's Annunciation House is a "stash house" providing illegal services to migrants.

“For too long, Annunciation House has flouted the law and contributed to the worsening illegal immigration crisis at Texas’s border with Mexico,” Paxton said in a statement. “I am appealing this case and will continue to vigorously enforce the law against any NGO engaging in criminal conduct.”

Annunciation House director Ruben Garcia and the organization's attorney Jerome Wesevich could not immediately be reached for comment.

Annunciation House officials have denied the allegations. The Annunciation House is a nonprofit Catholic organization that provides various services to migrants, immigrants, and refugees in the El Paso area.

More: Judge: Texas AG Ken Paxton failed to show probable grounds to shut down Annunciation House

The migrants the organization aids have been released from federal immigration custody as they await a court hearing in their asylum cases or while they seek other immigration relief. The services provided include temporary shelter, legal services, food, medicine, donated clothes and connects migrants to family members they have in the U.S.

The appeal will now be forwarded to the Texas Supreme Court. The Texas Supreme Court is comprised of a chief justice and eight justices. All of the justices are Republicans. While Supreme Court justices are elected in statewide elections, most of the members were first appointed by Gov. Greg Abbott to fill vacant seats.

Paxton attacks El Paso Judge after ruling to dismiss lawsuit

The battle between Paxton and the Annunciation House began in February when Paxton sent three lawyers to the nonprofit demanding it turn over the documents on the migrants they have sheltered after being released from federal immigration custody.

The documents include names, dates of birth, medical history, medications needed by the migrants, and the names of the migrants' family members.

Annunciation House officials declined to turn over the documents. An Annunciation House attorney then filed a lawsuit requesting a judge determine what documents, if any, the organization was legally required to turn over to the Texas Attorney General's Office.

Paxton then countersued, claiming the Annunciation House was a "stash house" providing illegal services to migrants. Paxton called for the nonprofit to be shut down.

Judge Francisco X. Dominguez, a state district court judge who presides over the 205th District Court in El Paso, ruled July 2, denying Paxton's efforts to close the Annunciation House and barring them from forcing the organization to turn over any documents.

More: Texas AG, Annunciation House head to court again in battle for organization's documents

Dominguez ruled that the attorney general failed to establish probable grounds to close the Catholic nonprofit and that the state violated the organization's religious freedoms.

He ruled allegations claiming that the Annunciation House is violating criminal laws are "unenforceable" because they are "preempted by federal law." He also ruled the attorney general's office demanding the organization turn over documents "violates the Texas Religious Freedom Restoration Act by substantially burdening Annunciation House's free exercise of religion and failing to use the 'least restrictive means' of securing compliance with the law."

Paxton, in his appeal, argues that Dominguez's claim that the Annunciation House is a religious organization is unfounded.

"The judge concluded that it was 'outrageous and intolerable' that the Office of the Attorney General would even investigate this conduct," a news release from the Office of the Texas Attorney General states. "The judge falsely accused the Office of the Attorney General of investigating Annunciation House because of the organization’s 'support for the Catholic Church.' The judge’s assertion is not supported by any evidence, and the judge tellingly failed to identify any."

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

This article originally appeared on El Paso Times: Texas AG Ken Paxton files appeal against judge's ruling on Annunciation House lawsuit