The Texas Supreme Court heard arguments Monday over whether an El Paso shelter allegedly housing illegal migrants is breaking the law, The Texas Tribune reported.
Texas Attorney General Ken Paxton says Annunciation House runs afoul of state law by housing and helping illegal immigrants who are part of the catch-and-release program of President Joe Biden's administration. Annunciation House shelters illegals who have nowhere to stay while they wait for their asylum cases to be heard, according to the report.
Paxton has argued the shelter should be shut down, accusing Annunciation House of being a "stash house" and participating in "human smuggling."
The issue began last February when Consumer Protection Division officials within Paxton's office were sent to the shelter to demand documents. Annunciation House sued to delay the release of records, to which Paxton countersued to shut down the shelter altogether.
State District Judge Francisco Dominguez in July ruled that Paxton's attempts to enforce a subpoena for records of migrants who have been served at Annunciation House in the last few years violated the shelter's constitutional rights. His ruling prevented Paxton from seeking the records and protected the shelter from what Dominguez called "harassment and overreaching" by Paxton's office.
Paxton appealed to the state's highest court.
Ryan Baasch of the attorney general's office argued before the court Monday that an injunction would not serve the purpose of a deterrent to prevent other shelters from housing illegals, according to the Tribune.
"If all the state is allowed to do is obtain an injunction that says, 'Don't do this unlawful act again,' there's absolutely no deterrent effect," Baasch told the court.
If the Texas Supreme Court sides with Paxton's office, then the injunction against subpoenas would be lifted, and the case to close the shelter would kick back to district court. Siding with the shelter would allow Annunciation House to operate business as usual.
It's unclear when the court will rule.
Information from The Associated Press was used in this report.
Mark Swanson ✉
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