Texas Attorney General Ken Paxton has filed a formal response seeking dismissal of a federal lawsuit brought by two local chapters of the Council on American-Islamic Relations, arguing the court lacks jurisdiction and that the plaintiffs have not suffered a legally cognizable injury.
The lawsuit, filed by CAIR’s Dallas-Fort Worth and Austin chapters on November 20, challenges Gov. Greg Abbott’s November 18 proclamation designating the Council on American-Islamic Relations and the Muslim Brotherhood as terrorist and transnational criminal organizations under Texas law.
In his filing, Paxton denies nearly all allegations raised by the plaintiffs and argues the case presents a non-justiciable political question reserved to the legislative and executive branches of Texas. He further contends the federal court lacks subject-matter jurisdiction because the local CAIR chapters bringing the suit are not specifically named in Abbott’s proclamation.
Paxton’s response asserts the plaintiffs’ claims rely on speculation and political disagreement rather than concrete enforcement actions, noting that his office has not taken any action against the two chapters under the proclamation. The attorney general also argues the claims are not ripe and are barred by sovereign immunity and the Eleventh Amendment.
Abbott’s proclamation bars the designated organizations from acquiring real property in Texas and authorizes the attorney general to pursue enforcement actions under state law. The designation was previously reported in detail by The Dallas Express, including Abbott’s stated legal and national-security rationale and CAIR’s response at the time.
In a statement released by the Office of the Attorney General, Paxton defended the proclamation and his office’s response to the lawsuit.
“Radical Islamist terrorist groups are anti-American, and the infiltration of these dangerous individuals into Texas must be stopped,” Paxton said. “My office will continue to defend the Governor’s lawful, accurate declaration that CAIR is a foreign terrorist organization, as well as Texas’s right to protect itself from organizations with documented ties to foreign extremist movements.”
CAIR disputes the designation and argues Abbott’s proclamation violates federal law and the First Amendment by allegedly chilling protected speech and association. The organization maintains it operates independently as an American nonprofit and says it has consistently condemned terrorism.
The lawsuit also points to prior legal disputes between CAIR and the state, with CAIR officials claiming they have previously prevailed against Abbott in court on First Amendment grounds. Paxton’s filing rejects those comparisons, arguing the present case involves distinct statutory authority and national-security determinations under Texas law.
Beyond the lawsuit, Abbott has also asked U.S. Treasury Secretary Scott Bessent to review CAIR’s tax-exempt status, citing what the governor described as evidence of ties to foreign extremist organizations. CAIR has characterized that request as retaliatory and politically motivated.
The case remains pending in federal court. Paxton’s filing asks the judge to dismiss the lawsuit in its entirety.
