NEW YORK — A judge in El Paso has rejected Texas Attorney General Ken Paxton's attempt to close a Catholic migrant shelter operating in the city — a decision the local bishop called an “important moment for religious freedom.”

In two rulings issued July 2, Judge Francisco Dominguez of the 205th District Court in Texas found that the state had failed to establish probable cause to close the Annunciation House and that the state had violated the home's constitutional rights in its attempts to enforce a subpoena for the release of records of migrants housed at the home.

In his verdict, Dominguez described Paxton’s conduct as “outrageous.”

“It is clear from the record before this court that the Texas Attorney General used the request for access to Annunciation House documents as a pretext to justify harassment of Annunciation House staff and those seeking refuge there,” Dominguez said.

“This Court has previously expressed concern that the Attorney General did not make clear from the outset which laws he believed were being violated.” “In fact, the records before the Court show that the Attorney General was looking for evidence of alleged criminal activity all along,” Dominguez continued. “This is outrageous and intolerable.”

Dominguez's decision prevents Paxton from requesting records from Annunciation House. It also protects the shelter from what Dominguez calls “harassment and abuse” by Paxton's office.

“As discussed, Annunciation House has complied with its obligation to cease and desist,” Dominguez explains.

“First, there is no adequate legal remedy for the Attorney General's wrongful actions against Annunciation House because of the constitutional rights involved,” Dominguez continued. “Second, the Attorney General's conduct in harassing and seeking predetermined results without regard for the rights of Annunciation House employees and guests is immediate, ongoing, and irreparable.”

Paxton's office did not immediately respond to a core Request for comment, but appeal is expected.

Bishop Mark Seitz of El Paso said Dominguez's decision was “an important moment for religious freedom.”

“This is a day of gratitude for El Paso, the work of Annunciation House and the resilience of our community's hospitality workers,” Seitz said in a July 2 statement. “This is also an important moment for religious freedom and a recognition of the important role faith communities play in helping our country navigate the challenges of migration at the border with compassion and humanity.”

On February 20, Paxton announced his lawsuit against Annunciation House, which has been in operation since 1978. Paxton sought to revoke the home's license in the state, claiming it had “committed violations of law, such as facilitating illegal entry into the United States, harboring aliens, human smuggling, and operating a drug den” and that there were records to prove it.

In response, Annunciation House called Paxton's claims “baseless” and his attempt to shut down the organization “illegal, immoral and anti-religious.”

Following the verdict, Annunciation House founder and director Ruben Garcia expressed his uncertainty.

“In my heart of hearts, I hope that this will really be a decisive action and that this will put an end to this. That's my hope, that's my prayer,” Garcia told El Paso Matters. “I'm realistic enough to know that it's probably not going to end here, and I'm very sorry about that.”

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