Religious freedom, 4th amendment, and Texas businesses requirements at center of hearing on Annunciation House lawsuit

EL PASO, Texas (KVIA) -- An El Paso district judge is expected to rule within two weeks on the latest filings between the Annunciation House and the Texas Attorney General's office. The case is based on the state's demand to collect documentation from the regional non-profit organization focused on temporary housing of migrants.

The attorney general is also now seeking to have the Annunciation House's operations shut down while the case proceeds, accusing the organization of being in violation of state law regarding "concealing, harboring, or shielding from detection" of migrants. At the core of the legal issues argued are the protections of freedom of religion and from unreasonable search and seizure of the first and fourth amendments of the Constitution.

"I would submit that if religious freedom does not allow Annunciation House to obey Jesus’ primary command to love one another by providing a child a safe place to sleep on a cold night, there is no religious freedom in Texas," said Attorney Jerome Wesevich with Texas RioGrande Legal Aid representing the Annunciation House.

Attorneys representing the Annunciation House and from the office of the Texas Attorney General met via Zoom this morning in Judge Francisco X. Dominguez’s 205th District Court in El Paso, Texas. Rob Farquharson with the Texas Attorney General's office presented three motions, seeking documents from the Annunciation House relating to their operations, including records of food and shelter provided to migrants. The attorney general is also seeking for the non-profit organization to be shut down during these proceedings.

In filings, Texas Attorney General Ken Paxton has alleged that the Annunciation House is operating in violation of the Texas Penal Code, specifically in reference to "concealing, harboring, or shielding from prosecution" persons in the country without authorization. Paxton has previously accused the non-profit of effectively operating a stash House.

"We believe that the evidence demonstrates concealment, harboring and shielding because Annunciation House denies entry to law enforcement without a reasonable expectation of privacy," Farquharson said.

During the hearing, Judge Dominguez questioned the state's position on the ability to demand access and documentation from the Annunciation House by state statue, without a warrant under the fourth amendment.

"If your argument is that they don't let people in," Judge Dominguez said, "well, I'm not going to let people into my house. I don't think you will either. Just because they suspect or they have suspicions. So absent a warrant, which is what our Constitution holds very dearly, is it's something that's going to be required in those circumstances."

Judge Dominguez announced at the conclusion of the hearing that he expects to render a judgement on the filings within the next two weeks.