Houston immigrants rights group FIEL has become the latest target of Texas Attorney General Ken Paxton’s attempts to shutter organizations that provide aid and services to immigrants.
In a case that heard arguments in Houston Thursday, Paxton sued to shut down FIEL for allegedly violating rules governing its nonprofit status. FIEL denied the allegations and criticized the move as part of a broader silencing tactic against immigrant rights groups.
“In the recent months we’ve seen the Attorney General’s office use their office to go after organizations that help immigrants,” said Cesar Espinosa, director of FIEL. “This is something that’s new to us as an organization, but unfortunately, we’ve seen it happen already a few times.”
In a petition filed July 10, the state argued that FIEL’s nonprofit status should be revoked for failing to comply with rules governing 501(c)3 entities that limit political activities and endorsements of candidates.
The lawsuit alleges that FIEL engaged in “electioneering” by referring to former President Donald Trump as the “son of the devil” in Spanish. It alleged that FIEL “obsessively campaigns against Texas legislation.” The office of the attorney general did not respond to a call or email request for comment.
Harris County District Judge Ravi K. Sandill heard arguments in the case on Thursday. Sandill expressed skepticism that the state’s request to “annihilate” the organization was too extreme, but has not yet issued a ruling.
Determining 501(c)3 status is a responsibility of the federal government that states have not previously been involved in.
FIEL’s legal representation, Mexican American Legal Defense and Educational Fund (MALDEF), and lawyer Carlos R. Soltero, asked a judge to throw out the case because the allegations do not fall under the State’s jurisdiction.
“Texans highly value religious liberty and political freedoms,” said Kristin Etter, director of policy and legal services at the Texas Immigration Law Council, in a statement to the Houston Landing. “Misusing novel, shifting and unprecedented legal strategies to attempt to shutter long-standing and integral faith-based and advocacy organizations flies in the face of our Constitution and core principles.”
In a court filing, FIEL questioned the timing of the lawsuit since the comments were made several years ago. The organization argued that the lawsuit is a form of retaliation for the group’s organizing for immigrant rights.
FIEL, a pillar of Houston’s immigrant community, has often spoken out about state and federal laws impacting Houston’s immigrant communities. The organization has criticized a law that would make it a state crime to enter Texas illegally, known as SB 4. The law is temporarily halted while a legal challenge makes its way through the courts. FIEL’s activities include educating the community through Know Your Rights workshops, sponsoring toy drives, and providing legal services.
“We are worried about the amount of time and effort that we’re having to spend on this,” Espinosa said. “We want to make sure that we settle this and get over this as quickly as possible so we can go back to doing the real work and continue to help the thousands of Houstonians who have sought our help throughout the last 17 years.”
Other lawsuits
This lawsuit comes as Paxton escalates his litigation efforts to shut down organizations that aid migrants. Gov. Greg Abbott previously called on the AG in Dec. 2022 to investigate the role of nonprofits in “planning and facilitating the illegal transportation of illegal immigrants across our borders.”
Paxton then sued El Paso shelter Annunciation House in February for allegedly operating a stash house and aiding in human smuggling. A judge denied the AG’s arguments in July. In June, Paxton sought to require leaders from Catholic Charities of the Rio Grande to be deposed for a potential lawsuit alleging human smuggling. A court also struck this down.
Neither organization responded to a request for comment.
David Donatti, ACLU of Texas senior staff attorney, said he expects this effort to fail in the courts as other similar lawsuits have.
“The attorney general’s latest attack on an immigrants’ rights organization follows a familiar formula of loudly publicized harassment and targeted misinformation to create fear and confusion,” Donatti said in a statement.
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