A federal judge denied a temporary restraining order requested by El Paso’s Las Americas Immigrant Advocacy Center as part of a lawsuit seeking to halt an investigation into the organization by Texas Attorney General Ken Paxton.
Senior U.S. District Judge David C. Guaderrama denied a motion asking for a temporary restraining order, ruling on Friday, Sept. 27, the nonprofit organization failed to file the restraining motion and lawsuit with enough time for Paxton and his office to file a response.
“Had plaintiff promptly filed this lawsuit shortly after receiving the CID (civil investigative demand) on September 4, 2024, the Court would have had plenty of time to make an informed ruling on plaintiff’s TRO (temporary restraining order) motion,” Guaderrama said in his ruling. “The Court could have set an expedited briefing schedule, given the Attorney General a chance to respond to plaintiff’s arguments, researched and analyzed the governing case law, and ruled on the motion in advance of the September 27th deadline.”
Las Americas Immigrant Advocacy Center officials declined to comment on Guaderrama’s ruling.
“At this time, we cannot comment on this,” said Ivonne Rodriguez, Las Americas Immigrant Advocacy Center’s communication strategist.
The Texas Attorney General’s Office could not immediately be reached for comment.
More: Judge denies key motion in El Paso’s Las Americas lawsuit against Texas AG Ken Paxton
The TRO and lawsuit were filed Wednesday, Sept. 25, by Texas Civil Rights Project and Winston & Strawn law firm on behalf of the Las Americas Immigrant Advocacy Center. Officials could not immediately be reached for comment.
Las Americas Immigrant Advocacy Center sued Paxton after his office launched an investigation into the nonprofit, requesting the organization turn over documents regarding the migrants it serves.
Texas Attorney General Ken Paxton alleges ‘fraudulent’ services
Paxton’s office sent the Las Americas Immigrant Advocacy Center a civil investigative demand Sept. 4, “inquiring into and seeking production of information contained in client files and relating directly to the legal services Las Americas provides to its clients,” the lawsuit states.
The civil investigative demand claimed Las Americas Immigrant Advocacy Center was conducting “fraudulent and deceptive legal representations and services.”
The civil investigative demand gave Las Americas Immigrant Advocacy Center until Friday, Sept. 27, to turn over the information on its clients related to a President Joe Biden federal parole program for Cubans, Haitians, Nicaraguans, and Venezuelans to legally enter the U.S.
The program “provides travel authorization for up to 30,000 individuals to come to the United States each month across the Cuban, Haitian, Nicaraguan, and Venezuelan parole processes. This allows for a steady pace of operations and arrivals of individuals seeking parole,” the U.S. Citizenship and Immigration Services government website states.
Las Americas Immigrant Advocacy Center’s lawsuit alleges the investigation violates the “First Amendment because the Attorney General is attempting to restrict Las Americas’ protected speech and work.”
More: Judge: Texas AG Ken Paxton failed to show probable grounds to shut down Annunciation House
The motion filed in the lawsuit requested a federal judge issue a temporary restraining order blocking Paxton’s request for the documents. The goal of the lawsuit was for a judge to eventually issue a permanent injunction, ruling the organization didn’t have to turn over any documents.
Judge David C. Guaderrama explains his ruling
Guaderrama stated in his ruling that he is not accusing the organization and its attorneys of “purposely filing” the temporary restraining order days before the AG office’s deadline. He wrote plaintiff’s cannot “spring” TROs on their opponents.
“To be absolutely clear, the Court isn’t accusing plaintiff (Las Americas Immigrant Advocacy Center) of purposely filing its TRO motion at the last minute to obtain a strategic advantage over defendant (Paxton),” Guaderrama said in his ruling. “But the fact remains that, irrespective of the reasons for plaintiff’s delay, a party may not sit on (its) rights, only to spring an application for a temporary restraining order on (its) opponents at the eleventh hour.”
Las Americas Immigrant Advocacy Center provides legal services to low-income immigrants, many of whom are seeking asylum in the U.S. The nonprofit is based in El Paso and has operated for more than 37 years.
What next
It is unknown if Las Americas Immigrant Advocacy Center officials will now hand over the migrant legal services documents to the Texas Attorney General’s Office or if their attorneys will attempt to appeal Guaderrama’s ruling.
Paxton is using authority under the Texas Deceptive Trade Practices – Consumer Protection Act to force the non-profit to turn over sensitive documents. AG civil investigators can inspect and copy such documents under the act.
Failure to comply with a civil investigative demand is a misdemeanor, and on conviction, punishable by a fine of not more than $5,000 or county jail time up to one year, or both.
The advocacy organization represents hundreds of immigrants annually related to immigration or other related legal and administrative relief efforts.
“Whether it’s assisting immigrant families and individuals seeking immigration relief and pathways or reuniting a mother who was separated from her 3-year-old because of cruel anti-immigrant policies, we accompany the most vulnerable on both sides of the U.S./Mexico border,” Las Americas Immigrant Advocacy Center Executive Director Marisa Limón Garza said in an earlier statement.
(This is a developing story, check back for updates)
Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter @AMartinezEPT.
This article originally appeared on El Paso Times: Judge denies key motion in Las Americas’ lawsuit against Texas AG
EMEA Tribune is not involved in this news article, it is taken from our partners and or from the News Agencies. Copyright and Credit go to the News Agencies, email news@emeatribune.com Follow our WhatsApp verified Channel
