Texas Supreme Court Hears Nonprofit Migrant Shelter Oral Arguments
Last year, I told you about the Lazy-Eyed Cowboy’s unholy crusade against migrant shelters operating along the southern border. The most infamous episode in the crusade thus far involves an effort to shut down Annunciation House, a small religious nonprofit offering shelter and sustenance to “the least of these” who cross into the land of their forefathers with their children and everything they own in search of better lives.
I’m not so unyielding to think that migrant shelters are not part of a downtrodden migrant’s calculus when deciding whether to embark on a harrowing journey northward. Surely, undocumented migrants take into account that if they can just make it across the border they will not starve or die of exposure. Because kind hearted Americans won’t look away. Their faith won’t allow it. Migrant shelters are staffed by religious people who are the kindest of us. They live out The New Colossus: “Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!”
Of course kindness and humanity is a pull factor, what else can it be? But to label migrant nonprofits as the very cause of illegal immigration is to embark upon an effort to outlaw kindness. This won’t be the first time a people have allowed their selfish instincts to outweigh basic decency. But in this instance, the effort invariably includes outlawing religion. A trial judge has already said so in no uncertain terms.
I mentioned earlier this week that the big white churches in Texas have mostly remained silent as Texas AG Ken Paxton has tried to “run roughshod” over freedom of religion. He’s gone after nuns and even the Pope, himself, called Paxton’s crusade “madness.” And I told you a week or ten days ago that Paxton’s efforts were soon to go nationwide while those churches say nothing.
Yesterday, the Texas Supreme Court heard oral arguments in the case which is, by now, clearly about religious freedom. The argument starts at the 1:54 mark in the video above. You woulda thought the Southern Baptists would have weighed in. But naw, not this time. The Texas Religious Freedom Restoration Act doesn’t seem so important right now. You can read all the briefs here. Of all the big churches in Texas, only the Texas Catholic Conference of Bishops filed an amicus brief in defense of religious freedom to feed and house poor people. Texas has over 200 megachurches and don’t you know not nar’ a one of ’em spoke up in condemnation of Paxton’s efforts? They must think God ain’t watching or that it’s just other folks’ religion Paxton is attacking.
The State’s argument, by the way, is that Annunciation House is harboring criminals and thus has no more rights than the Hole in The Wall Gang. Nobody is buying that and the Texas Supreme Court grilled the State almost immediately about religious freedom.
This absurd effort is about to go national. Trump’s former (and present or future) senior advisor, Stephen Miller — through his America First Legal Foundation,– filed an amicus brief in support of Paxton’s efforts. Here is some of Miller’s brief:
NGOs like Annunciation House, whether motivated by politics, religion, or otherwise, should not be permitted to undermine American law and sovereignty, exacerbate the border crisis, endanger American national security, and violate Texas laws with impunity.
Second, border NGOs supporting and encouraging illegal immigration have caused a great deal of harm, both to the United States as a whole and to Texas in particular. We currently face an unprecedented illegal immigration crisis in this country. Border NGOs who encourage and even assist illegal immigration exacerbate that problem and impose massive costs on our country and the State of Texas. Annunciation House’s insistence on endorsing and aiding illegal and irregular immigration makes the crisis worse, encourages migrants to endanger themselves and their families, and, far from alleviating suffering, has contributed to an immigration crisis that, in all-too-many cases, has become a humanitarian crisis.
This Honorable Court should not allow border NGOs like Annunciation House to evade legal scrutiny and violate State and Federal law with impunity. AFL therefore strongly encourages this court to reverse the trial court and remand this case with instructions to reconsider the Attorney General’s request to temporarily enjoin unlawful conduct and permit further action seeking all appropriate remedies, including an action in the nature of quo warranto.
darryll k. jones