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Texas AG Ken Paxton using consumer protection laws to go after political targets

10 16
30.05.2024

This article is co-published with ProPublica, a nonprofit newsroom that investigates abuses of power. Sign up for ProPublica’s Big Story newsletter to receive stories like this one in your inbox as soon as they are published. Also, sign up for The Brief, our daily newsletter that keeps readers up to speed on the most essential Texas news.

The men knocked on the door of a two-story, red-brick building in downtown El Paso one chilly morning in February. When a volunteer answered, they handed her a document they said gave them the right to go inside and review records kept by Annunciation House, a nonprofit that for decades has served immigrants and refugees seeking shelter.

An employee phoned Ruben Garcia, the nonprofit’s director and founder, who was at one of the organization’s other properties. Feeling a calling to do more to help immigrants and other people experiencing poverty, Garcia was part of a small group that formed the nonprofit in the 1970s. He’s since become an unofficial historian of the migration patterns and political response to immigration and immigrants.

But in his nearly five decades helming the nonprofit, Garcia had never encountered a situation like this. Standing on the organization’s doorstep were officials sent there by Texas Attorney General Ken Paxton’s Consumer Protection Division. They were demanding to come inside and search the nonprofit’s records, including all logs identifying immigrants who received services at Annunciation House going back more than two years.

“Is this a warrant?” Garcia recalls asking the group, which included an assistant attorney general and a law enforcement officer from the state agency.

It wasn’t. Still, the letter the men presented stated that the attorney general’s office had the power to immediately enter the building without one.

Consumer protection laws give attorneys general broad legal authority to request a wide range of records when investigating businesses or charities for allegations of deceptive or fraudulent practices, such as gas stations that hike up fuel prices during hurricanes, companies that run robocalling phone scams and unscrupulous contractors who take advantage of homeowners.

But attorneys general have increasingly used their powers to also pursue investigations targeting organizations whose work conflicts with their political views. And Paxton, a Republican, is among the most aggressive. “He’s laying out kind of like the blueprint about how to do this,” said Paul Nolette, an expert in attorneys general and director of the Les Aspin Center for Government at Marquette University.

An analysis by ProPublica and The Texas Tribune shows that in the past two years, Paxton has used consumer protection law more than a dozen times to investigate a range of entities for activities like offering shelter to immigrants, providing health care to transgender teens or trying to foster a diverse workplace.

Not a single one of the investigations was prompted by a consumer complaint, Paxton’s office confirmed. A complaint is not necessary to launch a probe.

The analysis is possibly an undercount. The attorney general’s office said it has not consistently maintained a list of the Consumer Protection Division’s demands to examine records and would need to review individual case files to determine how many requests had been sent. The agency also fought the release of certain records requested under Texas’ Public Information Act, citing exceptions for anticipated litigation.

[Here are the organizations that Ken Paxton targeted using consumer protection laws]

Paxton’s office did not respond to requests for comment or to detailed questions. It also did not reply to a request to speak with the Consumer Protection Division’s chief.

Two attorneys representing nonprofits that Paxton recently targeted said they believe he launched the investigations simply to harass their clients and to cause a chilling effect among organizations doing similar work. Both said the attorney general’s demands violate the First Amendment, which guarantees the right to free speech, association and religion, and the Fourth Amendment, which offers protection against unreasonable search and seizure.

The political weaponization of consumer protection divisions by Paxton and other attorneys general appears to be “a core violation” of constitutional laws that runs counter to what these divisions were established to do, said Georgetown Law professor Michele Goodwin.

The offices were intended to protect the public, Goodwin said. “Instead,” she added, “what is taking place in these times are efforts that undermine the civil liberties and the civil rights of people who are the public in those states and the people who are in those states who are seeking to aid and assist the public.”

In the Annunciation House case, the attorney general’s office went even further by showing up at the nonprofit’s door and demanding to immediately review documents rather than sending its requests for records by mail and giving organizations weeks to respond, as it often has in other cases ProPublica and the Tribune examined.

Paxton’s office then denied the nonprofit’s request for additional time to determine what information it was legally required to turn over, prompting Annunciation House to sue. In........

© Salon


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