Attorney General Ken Paxton has filed a lawsuit to shut down FIEL Houston, an immigrant rights nonprofit, alleging it has violated federal rules by engaging in political advocacy against state laws and political candidates.
Key Takeaways
- Texas AG Ken Paxton is suing FIEL Houston, an immigrant rights nonprofit, for allegedly violating nonprofit rules.
- The lawsuit claims FIEL Houston has engaged in political advocacy against former President Donald Trump and Governor Greg Abbott.
- FIEL Houston argues the lawsuit is retaliatory, citing their legal challenges against state election laws.
- Legal experts note that while nonprofits can engage in some lobbying, they are prohibited from participating in political campaigns.
Allegations Against FIEL Houston
Ken Paxton’s lawsuit against FIEL Houston claims the nonprofit has systematically flouted rules governing nonprofit organizations. The suit points to social media posts where FIEL Houston referred to former President Donald Trump as "El Hijo Del Diablo" (son of the Devil) and called Governor Greg Abbott "a violent racist Fascist man." The group has also been vocal against SB4, Texas’s migrant deportation law, which has been blocked by the courts.
Paxton is asking Harris County District Judge Ravi K. Sandill to revoke FIEL Houston’s corporate status and dissolve the organization. Arguments in the case were heard on Thursday.
FIEL Houston’s Defense
FIEL Houston contends that Paxton’s lawsuit is a form of retaliation. The group has previously challenged state election laws in court, including a lawsuit that names Paxton as a defendant. They argue that Paxton’s actions are an example of his "outrageous and intolerable" behavior, selectively interpreting laws to advance his political agenda.
In court filings, FIEL Houston highlighted their broader community work, which includes:
- Hosting community forums on college financial aid and scholarships
- Providing "Know-Your-Rights" presentations on immigration and housing
- Offering immigration legal services
- Sponsoring holiday toy drives for low-income youths
- Assisting domestic violence victims with emergency aid
- Teaching members how to register to vote and training poll workers
Legal Perspectives
Experts note that 501(c)(3) organizations like FIEL Houston face two main restrictions on political activities:
- Lobbying Limits: Nonprofits cannot have a substantial portion of their activities dedicated to lobbying.
- Campaign Intervention: Nonprofits are prohibited from participating in or intervening in political campaigns.
Johnny Buckles, a law professor at the University of Houston, explained that public statements overwhelmingly negative toward one candidate can indicate participation in a political campaign. While the IRS oversees nonprofit tax statuses, state attorneys general have jurisdiction over nonprofits incorporated in their states. However, it is uncommon for state attorneys general to pursue nonprofits for political activities rather than financial misconduct.
Previous Legal Battles
Paxton has faced setbacks in similar cases against Catholic-affiliated migrant shelters along the Texas border. An El Paso judge recently ruled against Paxton’s attempt to close a Catholic nonprofit sheltering asylum-seekers, citing state religious freedom laws. Another judge in Hidalgo County ended Paxton’s efforts to question the executive director of Catholic Charities of the Rio Grande Valley about the shelter’s operations.
The outcome of Paxton’s lawsuit against FIEL Houston remains to be seen, but it highlights the ongoing tension between state authorities and nonprofit organizations involved in political advocacy.
Sources
- Paxton sues to close Houston nonprofit for its posts on Trump, Abbott, Houston Chronicle.
