El Paso Nonprofit for Migrants Files Lawsuit to Halt Paxton Investigation

Ken Paxton’s Ongoing Investigations into Immigration Nonprofits in Texas

In a significant development in Texas politics, Attorney General Ken Paxton has once again turned his attention to nonprofits that assist immigrant clients. This time, the focus is on the Las Americas Immigrant Advocacy Center, an organization based in El Paso that has been a steadfast advocate for low-income migrants. The investigation, which alleges violations of consumer protection laws, has raised concerns about the overreach of state authority and the implications for immigrant advocacy in Texas.

Background of the Investigation

On September 4, 2023, Las Americas received a civil investigative demand from Paxton’s office. This demand sought information and communications related to a federal migrant sponsorship program that allows up to 30,000 individuals from Cuba, Haiti, Nicaragua, and Venezuela to migrate legally to the United States each month. The program, initiated by President Joe Biden in December 2022, aims to reduce illegal crossings by requiring American sponsors to support migrants financially.

This investigation marks at least the fifth instance this year where Paxton’s office has scrutinized immigration-focused nonprofits in Texas. The pattern of targeting organizations that provide legal services and advocacy for immigrants has raised alarms among civil rights advocates and legal experts.

Las Americas’ Response

Rather than complying with the demands from Paxton’s office, Las Americas, represented by the Texas Civil Rights Project, filed a federal civil rights lawsuit. The lawsuit seeks a preliminary injunction to halt the investigation, arguing that the claims against the organization are “baseless” and have already disrupted its operations. Las Americas has been serving the immigrant community for 37 years, providing essential legal services and advocating for the rights of vulnerable populations.

The lawsuit emphasizes that the state’s actions infringe upon the First Amendment rights of the organization, as the communications in question are considered protected speech. Las Americas asserts that its mission is solely to assist immigrants in need, and the investigation appears to be a retaliatory measure against its advocacy efforts.

Broader Context of State Investigations

The scrutiny of Las Americas is part of a broader trend in Texas, where Paxton’s office has increasingly targeted nonprofits that oppose his political agenda. This includes investigations into organizations involved in immigration, gender-affirming healthcare, and workplace diversity initiatives. A recent investigation by The Texas Tribune and ProPublica highlighted how Paxton’s consumer protection division has focused on nonprofits whose missions conflict with his policies.

The investigation into Las Americas is particularly notable as it marks the first time Paxton’s office has invoked the state’s Deceptive Trade Practices Act against an immigration nonprofit. This legal strategy raises questions about the motivations behind such actions and their potential chilling effects on nonprofit organizations that serve marginalized communities.

Legal and Operational Implications

The implications of Paxton’s investigation extend beyond legal battles. Las Americas Executive Director Marisa Limón Garza has indicated that the state’s inquiry has already prompted the organization to implement stricter procedures to safeguard sensitive client information. The fear of repercussions has led to heightened security measures and a reevaluation of their operations, including their work in Ciudad Juárez, Mexico, where they assist migrants awaiting legal entry into the U.S.

Garza expressed concern about the impact of the investigation on the organization’s ability to fulfill its mission. “People have a heightened sense of security about their own work,” she stated, emphasizing that the protection of clients is paramount.

Political Ramifications

Paxton’s investigations align with a directive from Governor Greg Abbott in 2022, which called for inquiries into the role of non-governmental organizations in facilitating illegal immigration. This political backdrop has fueled speculation about the motivations behind the investigations, particularly as they coincide with ongoing national debates about immigration policy and enforcement.

In January 2023, Paxton’s office joined 19 other attorneys general in filing a federal lawsuit aimed at halting the migrant sponsorship program that is now under scrutiny. This coordinated effort reflects a broader Republican strategy to challenge federal immigration policies that they perceive as lenient.

Conclusion

The ongoing investigations into Las Americas and other immigration nonprofits in Texas highlight a contentious intersection of state authority, civil rights, and immigration policy. As these legal battles unfold, the implications for immigrant advocacy and the broader nonprofit sector in Texas remain significant. The actions of Paxton’s office not only affect the organizations targeted but also raise critical questions about the future of immigrant rights and support in the state.