Texas Attorney General Ken Paxton secured a major legal victory Wednesday against a non-profit organization accused of illegally engaging in political activities. The Fifteenth Court of Appeals reversed a lower court decision, allowing Paxton to proceed with a lawsuit seeking to revoke the charter of Familias Immigrantes y Estudiantes en la Lucha (FIEL).
The case underscores continuing scrutiny of tax-exempt groups accused of crossing from education into political advocacy. Non-profit groups risk losing their tax-exempt status when they cross the line from education into explicit political campaigning.
As previously reported by The Dallas Express, Paxton filed a lawsuit accusing FIEL of violating federal non-profit laws by engaging in electioneering. The suit alleges that FIEL breached its 501(c)3 tax-exempt status by campaigning against Texas legislation and portraying Donald Trump as the “son of the devil.”
These activities allegedly violated both FIEL’s own charter and state laws governing charitable organizations. Tax-exempt non-profits face strict limitations on political involvement under both federal and state regulations.
“Anti-American organizations like FIEL’s aim is to destroy our country and flood our nation with foreign invaders,” Paxton said in a statement. “They claim the benefits of a non-profit organization while flagrantly violating our laws by taking prohibited political action, and the Fifteenth Court of Appeals made the right decision in allowing this case to move forward.”
A trial court initially denied the state’s motion to file the petition seeking charter revocation. Paxton appealed that decision to the Fifteenth Court of Appeals.
The attorney general added: “FIEL explicitly told supporters not to vote for President Trump. This is illegal, unacceptable, and must be punished to the full extent of the law.”
The appeals court reversed the trial court’s order Wednesday. The ruling grants the state permission to initiate quo warranto proceedings against FIEL to forfeit its charter.
FIEL describes itself as an immigrant rights organization. The group could not immediately be reached for comment on the appeals court decision.
