Ken Paxton's attack on Texas immigration nonprofits

Texas Attorney General Ken Paxton (R) unleashed a fierce attack against Annunciation House — a nonprofit aiding migrants — escalating a local fight into a defining clash over humanitarian work.

The state would brand many forms of aid to illegal immigrants as a crime. Paxton accuses Annunciation House of fueling unlawful border crossings by providing legal and logistical support. With the Texas Supreme Court clearing the case to advance, Texas is sending a chilling message: It is targeting not just immigrants, but also those bold enough to help them, including those who provide legal advice and shelters.

The lawsuit raises several legal questions, starting with the aiding and abetting unlawful entry under 8 U.S. Code §1324. This traditionally applies to human smuggling, not to legal organizations. Second, the case examines differences in authority. The Texas attorney general relies on provisions of the Texas Penal Code and Texas Humanitarian Aid statutes, claiming that the state has the right to oversee any activity that indirectly facilitates unlawful crossings. 

The legal risk to nonprofits and lawyers will be expansive if this claim is upheld. Every step of providing humanitarian help could be considered aiding and abetting, and this could force organizations to reduce their activity.

All of this fits perfectly into the political agenda of a rising politician in a party whose largest share of voters — 37 percent in a recent survey — say border security is their number one issue for the 2026 election. Paxton, who is running for U.S. Senate this year, would like to expand his legal campaign well beyond Annunciation House.

In August 2025, a Texas appeals court denied his request to depose the leader of Catholic Charities of the Rio Grande Valley— one of the state’s largest migrant aid groups — amid allegations of facilitating illegal entry. Earlier, in July 2024, a judge had dismissed Paxton’s suit to shut down the El Paso shelter. He appealed to the Texas Supreme Court. Last month, an appeals court allowed Paxton’s suit against a Houston immigrant-rights organization to proceed, accusing the nonprofit group of illegal political activity — specifically against President Trump and Gov. Greg Abbott (R).

These cases were all launched after Abbott issued a 2022 directive ordering investigations of nonprofit organizations for allegedly helping people cross the border illegally. But the investigations highlight a pattern of state overreach, raising constitutional questions and potentially threatening to spawn First Amendment court challenges.

Many Texas nonprofits have already paused or adjusted programs to minimize legal risks, which affects migrants access to basic support services such as legal advice and even minor assistance. Meanwhile, state agencies continue to apply pressure by conducting checks and requesting documents.

For migrants, this means real hardship — families are left without shelter as groups like Annunciation House scale back under legal threats. Volunteers face mounting scrutiny — their efforts are tangled in red tape while desperate people lose access to food, legal guidance, and safety.

This preventive approach creates a system of anticipatory control, forcing many aid sectors to act more cautiously. That in turn limits migrants' access to information. In the long term, this will reduce the effectiveness of the region's humanitarian infrastructure. It will become a more cautious and bureaucratic system that is less responsive to need.

In sum, the Annunciation House lawsuit could redefine state authority over migration aid. Groups are already scaling back their work in Texas. A Paxton victory could also embolden other states, such as Florida, sparking further battles in federal court over just how much states can do when it comes to immigration.

Artem Kolisnichenko writes on crime, immigration, and border policy across the American South and Southwest.