Texas Attorney General Ken Paxton has taken legal action to support Governor Greg Abbott's decision to label the Council on American-Islamic Relations (CAIR) and the Muslim Brotherhood as "foreign terrorist organizations" and "transnational criminal organizations" under state law.
According to The Post Millennial, Abbott's proclamation, issued on November 18, 2025, prompted CAIR's DallasFort Worth and Austin chapters to file a federal lawsuit, claiming the designation infringed upon their First Amendment rights and unjustly associated them with terrorism. In response, Paxton's office submitted a filing on December 22, 2025, requesting the court dismiss the lawsuit, arguing it involves a nonjusticiable "political question," lacks standing, and is not ripe for adjudication. Additionally, Paxton asserts the attorney general is shielded by sovereign immunity and the Eleventh Amendment.
A key point in Paxton's defense is that Abbott's proclamation did not specifically name the CAIR DallasFort Worth or Austin chapters, as it targeted the national organization. Consequently, Paxton argues the plaintiffs cannot demonstrate a tangible injury, especially since no enforcement action has been taken against them under the proclamation. Furthermore, Paxton's filing contends that the plaintiffs' claims are based on conjecture about potential actions and reflect mere "political disagreements" with Texas' national security decisions.
The Texas proclamation and Paxton's response reference a claim from the Federal Bureau of Investigation, stating CAIR "was founded as a 'front group' for 'Hamas and its support network' in the United States." Paxton's filing insists Abbott's proclamation cited credible sources and dismisses the plaintiffs' characterization of the statement as unfounded. Additionally, the filing acknowledges CAIR's status as an unindicted co-conspirator in a significant terrorism-financing case and notes that CAIR has been designated a "foreign terrorist organization" by Texas, the United Arab Emirates, and Florida.
The lawsuit arises amid ongoing controversy surrounding CAIR's national organization, which has been linked to the Holy Land Foundation case, the largest terrorism-financing trial in U.S. history. In that case, federal prosecutors identified CAIR as an unindicted co-conspirator after the Holy Land Foundation was convicted of channeling funds to Hamas, a U.S.-designated terrorist organization. More recently, CAIR has faced criticism following comments by Executive Director Nihad Awad in November 2023, which were condemned by lawmakers and Jewish organizations after he expressed happiness over Hamas' October 7, 2023, attack in Israel.
Awad later described the attack as "resistance," leading critics to argue that CAIR's leadership was aligning itself with Hamas narratives. The controversy surrounding Awad's remarks resulted in the Biden administration removing CAIR from its antisemitism task force on the White House website. At CAIR's 31st anniversary gala in Washington, DC, the organization honored figures associated with anti-Israel activism, including Mahmoud Khalil, a radical activist linked to Hamas-aligned campus activities at Columbia University.
Texas' designation follows reports that CAIR's California chapter provided $1,000 payments through a "Champions of Justice Fund" to student activists who lost scholarships, housing, or university support after participating in pro-Hamas campus protests. As state-level designations gain traction, congressional Republicans have increased calls for federal scrutiny of CAIR's nonprofit status and financial operations. Senator Tom Cotton has urged the IRS to examine CAIR's 501(c)(3) status, Representative Elise Stefanik has requested a Treasury Department review of sanctions compliance, and Representative Chip Roy has called for revoking tax exemptions for nonprofits with ties to foreign terrorist organizations.
Paxton's court filing aims to terminate the case at the outset, before any discovery or evidentiary process, by arguing that the plaintiffs lack standing, their claims are premature, and federal courts lack jurisdiction to challenge Texas' designation decisions.
Login