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A scathing ruling by a judge in El Paso calling the Texas Attorney General’s Office’s lawsuit against a migrant shelter there as “outrageous and intolerable” hasn’t stopped the state from pursuing legal action against one of the country’s most well-known nonprofits that assists asylum seekers: Catholic Charities in McAllen.
State District Judge Francisco X. Dominguez on July 1 granted a motion for summary judgment filed by the Annunciation House in El Paso against Texas Attorney General Ken Paxton, who has claimed that the shelter participated in smuggling people in the country illegally.
“As the top law enforcement officer of the State of Texas, the Attorney General has a duty to uphold all laws, not just selectively interpret or misuse those that can be manipulated to advance his own personal beliefs or political agenda,” the order stated.
While that case made national headlines, the Attorney General’s Office in late March — during Holy Week — began targeting Catholic Charities as well, demanding sworn statements and documents from the nonprofit in its investigation on behalf of Gov. Greg Abbott “into the role of NGOs in planning and facilitating illegal transportation of illegal immigrants across our borders.”
And on June 5, after Levi T. Fuller, assistant attorney general with the Consumer Protection Division, was not satisfied with the 111 documents Catholic Charities voluntarily provided Paxton’s office, the state sued the nonprofit.
“(Catholic Charities) appears to be one of the major NGOs operating at the Texas-Mexico border and assisting immigrants seeking to enter the United States,” the lawsuit stated. “For example, members of Congress have identified Catholic Charities USA—(Catholic Charities’) parent organization—as an entity that may be ‘encouraging, transporting, and harboring aliens to come to, enter, or reside in the United States.’”
The lawsuit is referring to Dallas Republican Rep. Lance Gooden, who has repeatedly called for investigations into nonprofits that assist asylum seekers and those processed and released by U.S. Customs and Border Protection.
‘WITHOUT MERIT’
In a statement, Catholic Charities said it has cooperated with the Texas Attorney General’s Office, but said that its petition is without merit and outside the requirements of governing legal statutes.
“Staff and volunteers at Catholic Charities of the Rio Grande Valley and the Humanitarian Respite Center have worked tirelessly with local leaders, elected officials, U.S. Customs and Border Protection, and other organizations to provide support to people throughout our service area,” the statement reads. “We work to ensure that all asylum-seeking and citizen families alike are treated with human dignity and given clean clothes, food, and a moment of rest at the Humanitarian Respite Center.”
That statement notes that all immigrants that Catholic Charities provide services to at the Humanitarian Respite Center have been processed by the federal government.
This is not a secret in the Rio Grande Valley.
During former President Donald Trump’s administration, CBP coordinated with local nonprofits across the Valley to process migrants processed and released by the federal government.
This has been the case for decades.
As for the lawsuit, it claims the Texas Attorney General’s Office has the right to investigate Catholic Charities “to determine whether it ‘has been or is engaged in acts of conduct in violation of: (1) its governing documents; or (2) any law of this state.’”
The state is seeking to take depositions of a representative of Catholic Charities on four topics, including its governance, hiring, retention and oversight of staff; its rules, processes and procedures for admitting migrants, refugees “or aliens” along with required documentation for admission; its documentation and processes for applying for the Emergency Food and Shelter Program; and its relationship with federal, state and local law enforcement to include communication between those entities.
The petition goes on to say that the Texas Attorney General is not satisfied with the 111 documents that Catholic Charities provided to the state.
“On May 9, 2024, (Catholic Charities) offered to provide a sworn written statement by an individual having knowledge about the operation of a facility used to house incoming aliens at (Catholic Charities’) ‘the Respite Center’ located in McAllen in lieu of a deposition. But (Catholic Charities) has indicated that it will not agree to sit for a deposition or sworn statement,” the lawsuit stated.
That person is Sister Norma Pimentel, who has long been lauded for her charity work and who gained international attention for speaking out against the Trump-era policies of zero tolerance and family separation.
The Texas Attorney General’s Office calls her sworn statement “non-responsive and evasive.”
“For example, one of Petitioner’s questions asked for (Catholic Charities) to explain in its ‘processes for documenting, transporting, and sheltering aliens who enter the United States through (Catholic Charities’) area in Anzalduas Park.’ Public reporting indicates that (Catholic Charities) operates in Anzalduas Park,” the lawsuit stated. “But, instead of answering that question, (Catholic Charities) responded with the non-sequitir (sic) that this park is ‘operated by the City of McAllen’ and that the location was ‘used as a departing location for Governor Greg Abbot buses under Operation Lone Star.’ That has nothing to do with the question posed.”
The petition cites a Jan. 11, 2022 story from MyRGV.com that is about the park partially reopening after being used as an emergency shelter for migrants who tested positive for the coronavirus. The petition fails to mention this.
REQUEST FOR DEPOSITIONS
The Texas Attorney General’s Office is asking state District Judge Bobby Flores to authorize depositions to examine a representative of Catholic Charities about “services provided to aliens as part of their humanitarian crisis response program, including but not limited to services provided through its Humanitarian Respite Center.”
The state is also seeking it’s procedures for intaking migrants and its communication with federal, state and local law enforcement.
And its “practices for facilitating alien crossings over the Texas-Mexico border.”
In a response, Catholic Charities’ attorneys say the Texas Attorney General’s investigation is based solely on the organization’s “religiously motivated provision of charitable services to asylum seekers, which do not violate any law.”
“The Petition lacks any evidence—or even concrete factual allegations—that would carry the Attorney General’s burden of showing a likely benefit to a deposition or the existence of a potential (as opposed to speculative) claim to be investigated,” the response stated.
It calls the investigation as an “overreaching inquiry.”
“This Petition represents a fishing expedition into a pond where no one has ever seen fish,” the response stated.
It goes on to say that the only conclusion the Texas Attorney General can draw is that Catholic Charities has committed no legal violations.
“There is no likely benefit to allowing the Attorney General to continue casting his line into barren waters,” the response stated.
Catholic Charities has asked the Court to deny the state’s petition.
