Texas Islamic groups call Abbott’s actions ‘unconstitutional’ in lawsuit over ‘terrorist’ designation

Islamic groups sue Gov. Abbott over 'terrorist' claim

Two Texas affiliates of the Council on American-Islamic Relations (CAIR) filed a federal lawsuit Thursday against Gov. Greg Abbott and Attorney General Ken Paxton, seeking to block enforcement of an executive proclamation that labeled the civil rights organization a "foreign terrorist organization."

DALLAS - Two Texas affiliates of the Council on American-Islamic Relations (CAIR) filed a federal lawsuit Thursday against Gov. Greg Abbott and Attorney General Ken Paxton, seeking to block enforcement of an executive proclamation that labeled the civil rights organization a "foreign terrorist organization."

CAIR-Texas files suit against Gov. Abbott

Abbott bans Muslim Brotherhood, CAIR from owning land

Texas Gov. Greg Abbott on Tuesday officially designated the Muslim Brotherhood and its successor organization, the Council on American-Islamic Relations (CAIR), as Foreign Terrorist Organizations (FTOs) and Transnational Criminal Organizations (TCOs) under state law.

What we know:

The lawsuit, filed by the Council on American-Islamic Relations Texas Dallas Fort Worth (CAIR DFW) and Council on American-Islamic Relations Austin Texas (CAIR Austin), argues that Governor Abbott improperly used his office to designate the domestic nonprofit as a terrorist or transnational criminal organization without due process and in violation of federal law.

The Nov. 18 proclamation by Abbott designated CAIR as a "successor organization" of the Muslim Brotherhood and a Foreign Terrorist Organization under the Texas Penal Code. The designation subjects the organization to potential civil and criminal penalties, including a prohibition from purchasing or acquiring land in Texas.

"One of the founders of CAIR in Texas is in prison for 65 years because of financing terrorism. Just two years ago, in the aftermath of the Oct. 7 attack by Hamas on Israel, the executive director of CAIR was praising the attack that killed Americans. There is a long-standing connection between CAIR and terror," Abbott said. 

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The new designation immediately subjects both groups and their affiliates to heightened penalties and prohibits them from buying or acquiring land in Texas.

"Mr. Abbott's unconstitutional proclamation undermines the very foundational notions of due process that our system depends upon, and it must not stand," said Attorney Charlie Swift of the Muslim Legal Fund of America (MLFA), one of the groups filing the suit.

CAIR's Litigation Director and General Counsel, Lena Masri, said the organization has successfully sued and defeated Abbott three previous times for attempting to violate the First Amendment by punishing critics of the Israeli government.

What they're saying:

In a statement, Attorney Charlie Swift of the Muslim Legal Fund of America said:

"The Muslim Legal Fund of America is proud to defend the constitutional rights of CAIR-Texas and the right of all Texans to engage in free speech and uphold civil rights without facing lawless and defamatory attacks by Greg Abbott. Mr. Abbott's unconstitutional proclamation undermines the very foundational notions of due process that our system depends upon, and it must not stand. For the sake of our nation's basic freedoms, Greg Abbott's latest attack on the American people must be defeated."

Swift says the governor overstepped his authority.

"He's entered into the exclusive realm of the federal government, under the supremacy clause and well-established case law set out in our brief in our complaint. But the federal government alone controls foreign sanctions. Governor Abbott decided to appropriate that power to himself to retaliate against CAIR," Swift said. 

 In a statement, CAIR Litigation Director and General Counsel Lena Masri said:

"CAIR Legal Defense Fund has successfully sued and defeated Texas Governor Greg Abbott the last three times he tried to violate the First Amendment by punishing critics of the Israeli government. The lawsuit we have filed today is our first step towards defeating Governor Abbott again so that our nation protects free speech and due process for all Americans. No civil rights organizations are safe if a governor can baselessly and unilaterally declare any of them terrorist groups, ban them from buying land, and threaten them with closure. We have beaten Greg Abbott's attacks on the First Amendment before, and God willing, we will do it again now."

In a statement, CAIR-Texas said:

 "CAIR-Texas and the Texas Muslim community are standing up for our constitutional rights by directly confronting Greg Abbott's lawless attack on our civil rights. We are not and will not be intimidated by smear campaigns launched by Israel First politicians like Mr. Abbott. Mr. Abbott is defaming us and other American Muslims because we are effective advocates for justice here and abroad. We plan to continue exercising our constitutional rights, defending civil rights, and speaking truth to power, whether in defense of free speech, religious freedom and racial equality here in Texas or in defense of human rights abroad."

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Abbott alleges the groups are promoting radical ideology and seeking to subvert U.S. laws and forcibly impose Sharia law in Texas.

Legal Claims

The complaint, filed in the U.S. District Court for the Western District of Texas, raises multiple constitutional challenges against the governor's action:

• Federal Preemption: The lawsuit argues that the power to designate foreign terrorist organizations belongs exclusively to the U.S. Secretary of State, and that state law attempting to do so is preempted by federal law under the Supremacy Clause.
• Due Process: The plaintiffs assert that Abbott's proclamation violates the Fourteenth Amendment by depriving them of property rights and harming their reputation without providing any notice or opportunity to defend themselves against the accusations.
• First Amendment: The complaint alleges that the proclamation violates the rights to freedom of speech and association, and constitutes retaliation against CAIR for its protected political advocacy, including its criticism of the Israeli government.

Organization Defense

Dig deeper:

CAIR, which was founded in 1994 and is the nation's largest Muslim civil rights organization, stated in the lawsuit that the proclamation is based on "defamatory" and "provably false statements" and finds no support in Texas law.

The organization stressed that it is an independent American nonprofit that operates in full compliance with laws, and is not a member or affiliate of any foreign organization. CAIR's mission is to enhance the public's understanding of Islam, protect civil rights, and promote justice. The group has vocally condemned all forms of bigotry, unjust violence, and terrorism throughout its history.

What's next:

CAIR DFW is based in Richardson, Texas, and CAIR Austin is based in Austin, Texas. They are asking the court for an injunction to block the proclamation's enforcement and for compensatory damages.