Texas AG can't depose Catholic Charities leader in migrant aid case, appeals court rules

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A Texas appeals court this week denied Attorney General Ken Paxton’s office's request to question a nun who leads Catholic Charities of the Rio Grande Valley, one of the state’s largest migrant aid organizations.

In a 2-1 ruling issued on Monday, the three-judge panel of the 15th Court of Appeals reaffirmed a lower court’s ruling from last year. The 11-page ruling said the attorney general’s office had the “burden of proof to demonstrate that the benefits of forcing a pre-suit deposition outweigh the burdens to Catholic Charities.”

“Given Catholic Charities’ cooperation with the investigation, the documents it produced, and its provision of a sworn statement answering the (Office of the Attorney General’s) questions, the trial court was within its discretion to deny” Paxton’s request to question Sister Norma Pimentel, the leader of the Catholic Charities of the Rio Grande Valley.

The case is one of several in which the attorney general’s office has targeted groups that work with migrants across the state. The probes began after Abbott in December 2022 directed Paxton’s office to investigate “the role non-governmental organizations may have in planning and assisting illegal border crossings into Texas.”

As part of these efforts, in March 2024, Paxton’s office requested a sworn statement and to make a representative of the organization available for questioning. Catholic Charities declined and instead provided more than 100 pages of documents and a sworn statement from Pimentel.

Unsatisfied with the organization’s response, Paxton’s office asked a judge to allow Paxton’s investigators to question the Catholic Charities of the Rio Grande Valley’s leadership. In July 2024, a state judge in Hidalgo County denied Paxton’s request after an evidentiary hearing.

In Texas, lawyers can question someone under oath for an investigation before a lawsuit is filed, but they need a judge’s approval to do so.

Last year, in a statement after the ruling, Pimentel said the organization would “always strive to fulfill its legal obligations” while continuing its mission.

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