TEXAS

Federal Judge Strikes Down Paxton Tactic Used To Investigate Migrant Aid Groups

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Texas Attorney General Ken Paxton can no longer use a state statute to scrutinize nonprofits, including a Brownsville migrant aid group, after a federal magistrate ruled the tool unconstitutional.

Calling it an easy decision, U.S. Magistrate Mark Lane of the Western District of Texas Friday granted a permanent injunction stopping Paxton from using what’s called a ‘request to examine.’

The ruling stemmed from a lawsuit filed by Spirit AeroSystems, a Boeing jet manufacturer that received such a request requiring the company to produce a variety of documents. Spirit challenged the state’s ‘request to examine’ statute, arguing that allowing the attorney general to immediately inspect records without a judicial review violates the unreasonable search clause of the 4th Amendment.

The migrant aid group Team Brownsville and a migrant shelter in El Paso had also been sent requests demanding immediate access to the groups’ records. Paxton hasn’t indicated if he plans to appeal.

Tim Sullivan

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