Texas Governor Abbott Sued Over Islamic Group Designations

Texas Governor Greg Abbott has sparked controversy and a swift legal challenge after designating two Islamic organizations, the Muslim Brotherhood and the Council on American-Islamic Relations (CAIR), as “transnational criminal organizations.” This designation, which includes a ban on property ownership and a directive for criminal investigations by the Texas Department of Public Safety (DPS), led CAIR to file a lawsuit against the governor just hours later.

Governor Abbott’s Directive and Its Scope

On Thursday, Governor Abbott instructed the Texas Department of Public Safety to initiate criminal investigations into the Muslim Brotherhood and CAIR. This followed his earlier proclamation identifying these groups as transnational criminal organizations, which he stated bans them and their members from acquiring or owning property in Texas. Abbott justified these actions by claiming the groups support terrorism and subvert Texas laws through intimidation and violence, also stating the investigation would target those who “unlawfully impose Sharia law.” The DPS is set to collaborate with FBI Joint Terrorism Task Forces statewide to gather intelligence and probe potential state and federal law violations.

The Legal Challenge Against the State

The Muslim Legal Fund of America (MLFA) and the CAIR Legal Defense Fund swiftly responded by filing a lawsuit against Governor Abbott and Attorney General Ken Paxton. Their complaint alleges that Abbott’s proclamation is “defamatory and finds no basis in law or fact,” arguing it empowers Paxton to infringe upon Muslims’ property rights in Texas, creating an “imminent risk of harm.” CAIR maintains that it consistently condemns all forms of unjust violence and that its national director was even targeted by ISIS, directly refuting Abbott’s accusations as “debunked conspiracy theories and made-up quotes.”

Sharia Law and Allegations of Conspiracy

Abbott’s proclamation specifically targeted individuals or groups “who unlawfully impose Sharia law,” claiming it violates the Texas Constitution. However, Sharia laws are primarily moral and behavioral principles for Muslims, encompassing practices like prayer, fasting, and charity, derived from religious texts such as the Quran and Hadith. Experts like Trinity University lecturer Habiba Noor highlight that framing CAIR as part of the Muslim Brotherhood is a long-standing conspiracy theory. Noor suggests that the recent focus on these allegations could be linked to plans for an Islamic community development, EPIC City, near Dallas, which faced legislative opposition despite no indication of operating under Sharia law or discriminating against Texans.

Texas Muslim Community Voices Concerns

The governor’s announcement has deeply concerned the Muslim community across Texas. Shayan Sajid, who attends Maryam Islamic Center in Sugar Land, expressed disappointment, calling it “an unfortunate reminder that at times, living in this country and living in Texas… we still get so much Islamophobia… from very, you know, powerful individuals.” Amatullah Contractor in Houston echoed these fears, stating that Abbott’s declaration “puts a direct target on the backs of Muslims in Texas” and is a “vile effort to intimidate and silence” the community while inciting fear among others fighting for civil rights.

Potential Constitutional and Legal Hurdles

Legal experts foresee significant constitutional challenges to Abbott’s directives. Emily Berman, a professor at the University of Houston Law Center, points out potential issues under the First Amendment (freedom of religion and speech) and the 14th Amendment’s Equal Protection Clause, especially if property purchase limitations are based on religious views or political viewpoints. Berman also raised concerns about due process, noting the lack of a clear state-level process for groups to appeal such designations, unlike the federal process for foreign terrorist organizations where appeal mechanisms exist. The lawsuit could also argue that the state is overstepping its authority in national security matters.

Comparing Designation Processes

Frequently Asked Questions

• What prompted the lawsuit against Gov. Abbott?
  Governor Abbott designated the Muslim Brotherhood and CAIR as transnational criminal organizations, banning them from owning property in Texas and ordering criminal investigations by the DPS. CAIR and MLFA allege this is defamatory and unconstitutional.
• What is Sharia law, and why is it mentioned?
  Sharia law refers to a body of moral and religious principles for Muslims, derived from Islamic texts. Gov. Abbott claimed the investigation would target those “unlawfully imposing Sharia law,” despite experts noting this is often a conspiracy theory and has no basis in the context of the groups in question.
• Are CAIR and the Muslim Brotherhood officially recognized as terrorist groups in the U.S.?
  No, neither the Muslim Brotherhood nor CAIR is listed on the U.S. State Department’s official list of foreign terrorist organizations. CAIR explicitly states it condemns all forms of unjust violence.
• What are the main legal arguments against Abbott’s actions?
  The lawsuit and legal experts point to potential violations of the First Amendment (freedom of religion, speech, association) and the 14th Amendment’s Equal Protection Clause. Concerns also include a lack of due process and the state potentially overstepping federal authority in national security matters.

This ongoing legal battle highlights the complex intersection of state power, religious freedom, and civil rights in Texas. San Antonio residents and beyond should stay informed on how these developments could impact community relations and constitutional protections for all Texans.

Abbott Sued Over Islamic Group Designations