Texas Gov. Greg Abbott has launched a campaign against the Council on American-Islamic Relations (CAIR), declaring the Muslim civil rights organization a foreign terrorist organization. What's unclear is whether that will hold up under a legal challenge from CAIR, either with respect to federal law or even Texas' own statutes.
Syed al-Ferdous immigrated to the Houston area from Bangladesh more than 20 years ago. He now attends services at the Maryam Islamic Center in Sugar Land, southwest of Houston, every evening. He said Abbott's calling CAIR a terrorist organization shows a lack of education about Islam.
"I think it’s very juvenile to say the least," al-Ferdous said. "It’s very immature, and it just doesn’t hold any water whatsoever."
Last week, Abbott invoked a 2023 Texas law to brand CAIR a foreign terrorist organization and a transnational criminal organization. He accused CAIR of trying to "forcibly impose Sharia law," and he followed up by ordering the Texas Department of Public Safety to launch criminal investigations of the group. At the same time, Abbott also applied the designation to the foreign-based Muslim Brotherhood.
CAIR then filed a lawsuit against Abbott in federal court, and a representative of the organization’s Houston chapter said Friday that it plans to join the lawsuit.
"What does a civil rights organization in the United States, incorporated in the United States, run by American citizens, got to do with a foreign entity?" al-Ferdous asked.
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That's a question Kenneth Williams —who teaches constitutional and civil rights law at Texas Tech University —said cuts directly to the heart of whether Abbott has the authority to go after CAIR.
"The statute specifically requires that there be at least, an organization at least partially outside the United States, who engage in criminal activity and threaten the security of this state or its residents," Williams said. "So, if they’re not operating outside the United States, it would seem like this designation is illegal and not authorized under the statute."
According to CAIR’s website, the organization was founded in 1994 and is headquartered in Washington, D.C.
There's also the question of whether the statute violates the Supremacy Clause of the U.S. Constitution, which holds that when state and federal laws conflict, federal law is paramount. Declaring an entity a foreign terrorist organization is exclusively the purview of the U.S. State Department, which does not include CAIR on its list.
Williams is also concerned that Abbott is simply using the law to silence a group he doesn't like, in violation of the First Amendment.
"If the governor is allowed to proceed against this organization, there’s a possibility that the governor could also proceed against other organizations with which the governor does not approve," Williams said, "and so that should be a concern to Texans.”
That's CAIR's argument as well. It's suing Abbott for what it says is the fourth time.
RELATED: Muslim group’s Houston chapter to join lawsuit against Texas Gov. Greg Abbott
"This lawsuit argues that Governor Abbott has violated due process, violated the First Amendment, and also misused Texas law in order to silence dissent in violation of the Constitution," said Edward Ahmed Mitchell, CAIR's national deputy director.
Abbott has been targeting Muslim organizations in Texas for months. Earlier this year, he sued to stop the construction of EPIC City, a proposed Muslim housing development in the Dallas area, accusing it of trying to impose Sharia law. Several investigations are still ongoing. CAIR itself has said that Muslims may look to Sharia law for personal religious practice, but Sharia does not override U.S. or state law.
Mitchell says Abbott's actions are increasing the risk of violence against CAIR's employees and Texas Muslims in general.
"Greg Abbott’s anti-Muslim bigotry now turned into government policy is endangering the safety of Texas Muslims," Mitchell said. "Just yesterday, our staff in Texas had to receive security protection from Texas law enforcement because an anti-Muslim extremist showed up at a public hearing and demanded to know where the CAIR officials were. He was hunting down CAIR officials."
Houston Public Media contacted Abbott's office multiple times, but no one from the office would speak on the record. A spokesman for the governor referred to Abbott's declaration as outlining the legal authority for his actions.
Mark Jones, a political scientist at Rice University's Baker Institute, says Abbott is responding to pressure from some Texas Republicans concerned about the growth of Islam in the state.
"They look to places like Minneapolis, where a growing Muslim population has resulted in prayers, calls to prayer being broadcast on loud speakers, and where what they view as a Christian way of life is being eroded," Jones said.
According to the World Population Review, there are more than 300,000 Muslims in Texas, compared to a total population of more than 31 million.
"I suspect that it’s part of a broader concern that some Republicans have regarding Islam, in general, gaining popularity in Texas and encroaching and affecting what they believe should be a Judeo-Christian state, rather than an ecumenically pluralist state," Jones said.
Houston Public Media’s Natalie Weber contributed to this report.
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