Annunciation House

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Litigation Updates

Timeline and important links in Annunciation House’s litigation with the TX Attorney General

2/7/2024. Without warning, representatives from Texas Attorney General Ken Paxton’s Office came to Annunciation House’s door with a Request to Examine (RTE). They demanded to enter Annunciation House and examine a broad swath business records under Texas Business and Organization § 12.152. Annunciation House requested 30 days to respond to the RTE, but the Attorney General’s Office said that Annunciation House would only be given 24 hours to turn over the requested records.

2/8/2024. Annunciation House sought a court determination as to what documents the Attorney General’s Office could legally access. We were granted a temporary restraining order against the Attorney General to allow time for review.

2/16/24. The Texas Attorney General filed a lengthy counterclaim accusing Annunciation House of operating a “stash house” and engaging in human smuggling. The counterclaim revealed that the purpose of the RTE was to investigate Annunciation House for these alleged activities. The Attorney General sought to revoke Annunciation House’s license to operate in Texas on the basis of our refusal to immediately comply with the RTE.

2/23/24. Annunciation House held a press conference addressing the pending litigation, joined by allies including U.S. Rep. Veronica Escobar, TX Rep. Joe Moody, El Paso County Judge Ricardo Samaniego, El Paso Mayor Oscar Leeser and faith leaders from the Catholic Diocese of El Paso and Temple Mount Sinai. Video of the press conference available here. Read statements of support from Rep. Veronica Escobar , Bishop Mark Seitz, The TX Catholic Conference of Bishops, the Evangelical Lutheran Church of America Conference of Bishops, and over 430 faith leaders and groups.

3/7/24. The first hearing took place in the Texas Attorney General’s lawsuit against Annunciation House at the 205th District Court, overseen by Judge Francisco Dominguez. Annunciation House Director Ruben Garcia testified at the hearing.

3/11/24. Judge Francisco Dominguez issued an order in favor of Annunciation House, blocking the Texas Attorney General’s subpoena. Judge Dominguez noted that the “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.” Judge Dominguez further stated that “there is a real and credible concern that the attempt to prevent Annunciation House from conducting business in Texas was predetermined.”

5/8/24. The Texas Attorney General filed for a temporary injunction in response to Judge Dominguez’s decision. The Attorney General renewed its request that Annunciation House be enjoined (stopped) from operating during the pendency of the litigation, and reiterated the allegations that Annunciation House is operating a “stash house” and engaged in illegal activity. Annunciation House filed a response on May 24, 2024.

6/17/24. A second hearing took place before Judge Dominguez at the 205th District Court. The Attorney General called for Annunciation House to be shut down. Jerry Wesevich, counsel for Annunciation House, responded that the Attorney General’s claims were “utter nonsense” and requested injunctive relief protecting Annunciation House from future unreasonable records requests.

7/2/24. Judge Francisco Dominguez issued a second ruling in favor of Annunciation House granting summary judgment and issuing all injunctive and declaratory relief requested by Annunciation House, finding that (1) the administrative subpoena served on Annunciation House is void and unenforceable; (2) the Texas Attorney General did not follow the procedures required under the Fourth Amendment for administrative subpoenas; and (3) Annunciation House is entitled to declaratory relief protecting it from future harassment and overreaching from the Texas Attorney General.

7/16/24. The Attorney General appealed the District Court’s decision to the Texas State Supreme Court. Read the appeal here [PDF].

12/12/24. The Texas Conference of Catholic Bishops filed an Amicus Brief [PDF] for Annunciation House that strongly defends the Gospel mandate of providing shelter to the poor, including immigrants.

1/13/24. The Texas Supreme Court will hear oral arguments in this case. The arguments will be livestreamed on the Supreme Court’s YouTube channel. All filings for the Supreme Court case, including briefs and rebuttals from each side and amicus briefs, can be found here.