The investigation is apparently predicated on the attorney general’s belief that Las Americas is conducting “fraudulent and deceptive legal representations and services.”
Texas Attorney General Ken Paxton has announced an investigation into Las Americas Immigrant Advocacy Center, claiming that the El Paso-based non-profit organization is likely violating state consumer protection laws.
According to The Texas Tribune, this is the fifth time in less than a year that Paxton’s office has spearheaded an investigation of an immigration-focused non-profit organization headquartered in the Lone Star State.
The Tribune reports that, on about September 4th, Las Americas Immigrant Advocacy Center said that it received a civil demand from Paxton’s office demanding any information and communications related to a migrant sponsorship program allowing the legal entry of up to 30,000 asylum-seekers per month from Cuba, Haiti, Nicaragua, and Venezuela to the United States.
But Las Americas did not respond to Paxton’s request, or make any apparent attempt to comply.
Instead, the organization filed its own lawsuit in federal court, asking a court to grant an injunction against Paxton’s investigation. In its complaint, Las Americas accuses Paxton of levelling “baseless” claims against its mission, disrupting its work and making it more difficult to serve the needs of vulnerable migrants.
“Las Americas seeks nothing more than to carry out its mission to help vulnerable immigrants in need,” the lawsuit alleges.
However, on Friday, U.S. District Judge David C. Guaderrama denied Las Americas’ plea, saying that its filing had not given Paxton’s office adequate time to respond.
“Had Plaintiff promptly filed this lawsuit shortly after receiving the [civil investigation demand] on September 4, 2024, the Court would have had plenty of time to make an informed ruling on plaintiff’s [request for a temporary restraining order] motion,” Guaderrama wrote. “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.”
Guaderrama’s ruling further clarified the court’s intent, saying that he was not accusing Las Americas’ attorneys of “purposely filing” late.
“To be absolutely clear, the Court isn’t accusing Plaintiff of purposely filing its TRO motion at the last minute to obtain a strategic advantage over Defendant,” he wrote. “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.”
Paxton’s office, notes The El Paso Times, is continuing to “[inquire] into and [seek] production of information contained in [Las Americas’] client files, and relating directly to the legal services Las Americas provides its clients.”
The investigation is apparently predicated on the attorney general’s belief that Las Americas is conducting “fraudulent and deceptive legal representations and services.”
Sources
Attorney General Ken Paxton targets El Paso nonprofit that offers legal services to migrants
Judge denies key motion in El Paso’s Las Americas lawsuit against Texas AG Ken Paxton
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