AG Ken Pax­ton defends Texas’ designation of CAIR as terrorist organization

In a proclamation issued Nov. 18, 2025, Abbott declared the Muslim Brotherhood and CAIR to be foreign terrorist organizations (FTOs) and transnational criminal organizations (TCOs). Soon after, the CAIR Dallas–Fort Worth chapter and the CAIR Austin chapter filed suit in federal court, arguing the proclamation “chilled” their First Amendment rights and unlawfully stigmatized them as terrorist affiliates.

Paxton’s office responded in a filing dated Dec. 22, 2025, urging the court to dismiss the lawsuit on multiple grounds. They argued that the dispute is a nonjusticiable “political question,” that plaintiffs lack standing, that the claims are not ripe, and that the attorney general is protected by sovereign immunity and the Eleventh Amendment.

A central argument in Paxton’s response is that neither CAIR Dallas–Fort Worth nor CAIR Austin was actually named in Abbott’s proclamation, as the order targeted the national organization. Paxton says plaintiffs, therefore, cannot claim a concrete injury, particularly because the attorney general has not taken enforcement action against them under the proclamation.

Paxton’s filing further contends that the plaintiffs’ arguments “rely entirely on speculation” about hypothetical actions and reflect mere “political disagreements” with the state’s national security determinations. The Texas proclamation and Paxton’s court response explicitly cites a claim attributed to the Federal Bureau of Investigation that CAIR “was founded as a ‘front group’ for ‘Hamas and its support network’ in the United States.” Paxton’s answer argues Abbott’s proclamation cited sources to support its assertions and rejects the plaintiffs’ description of the statement as baseless.

Paxton’s filing also acknowledges that the proclamation references CAIR’s status as an unindicted co-conspirator in a major terrorism-financing prosecution. Paxton’s answer further claims that CAIR has been designated a “foreign terrorist organization” not only by Texas, but also by the United Arab Emirates and the State of Florida.

The lawsuit comes as CAIR’s national organization remains shadowed by years of controversy stemming from the Holy Land Foundation case, widely described as the largest terrorism-financing trial in US history. In that case, federal prosecutors publicly identified CAIR as an unindicted co-conspirator after the Holy Land Foundation was convicted of funneling funds to Hamas, a US-designated terrorist organization.

More recently, CAIR has faced renewed scrutiny following comments by Executive Director Nihad Awad in November 2023 that drew condemnation from lawmakers and Jewish organizations after he said Hamas’ Oct. 7, 2023, massacre in Israel made him “happy.” Awad later framed the attack as “resistance,” prompting critics to argue the organization’s leadership was aligning itself rhetorically with Hamas narratives. Awad’s comments were so divisive that the Biden administration scrubbed CAIR from its antisemitism task force on the White House website.

At CAIR’s 31st anniversary gala in Washington, DC, the group also honored controversial figures tied to anti-Israel activism, including Mahmoud Khalil, a radical activist accused of leading Hamas-aligned campus agitation at Columbia University and linked to the takeover of Hamilton Hall. Khalil was later detained by immigration officials and ordered deported by a federal judge, yet CAIR celebrated him as its 2025 “Champion of Justice.”

Texas’ designation also follows previous reporting that CAIR’s California chapter distributed $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 spread, congressional Republicans have intensified calls for federal review of CAIR’s nonprofit status and financial operations. Sen. Tom Cotton urged IRS scrutiny of CAIR’s 501(c)(3) status, Rep. Elise Stefanik requested a Treasury Department review regarding sanctions compliance, and Rep. Chip Roy called for stripping tax exemptions from nonprofits with ties to foreign terrorist organizations.

Paxton’s court filing seeks to end the case at the threshold, before any discovery or evidentiary process, arguing the plaintiffs lack standing, their claims are premature, and federal courts lack jurisdiction to second-guess Texas’ designation decisions.