CAIR Sues Texas Governor

As previously reported, earlier this week Texas governor Greg Abbott issued a Proclamation designating CAIR as a Foreign Terrorist and Transnational Criminal Organizations under Texas law. CAIR has now responded by filing suit against the governor and the Texas attorney general in a Texas federal district court. The complaint (full text) in Council on American-Islamic Relations Texas Dallas Fort Worth v. Abbott, (WD TX, filed 11/20/2025), alleges in part:

57. Wrongfully and unilaterally designating Plaintiffs as “foreign terrorist organizations,” and declaring them unable to purchase land in the state of Texas harms Plaintiffs’ advocacy work, fundraising initiatives, and reputation as organizations. 

58. Given that state law is preempted by federal law, Plaintiffs are entitled to injunctive relief prohibiting Defendant Paxton from enforcing the Proclamation against them....

65.  Governor Abbott’s Proclamation deprives Plaintiffs of their procedural due process rights by designating them as “Foreign Terrorist Organizations” under Texas Penal Code 71.01, “Transnational Criminal Organizations” under Texas Property Code § 5.251, and proscribed entities via designation by the governor under Texas Property Code § 5.254 without providing Plaintiffs the right to respond to and challenge the designations....

77. Governor Abbott’s Proclamation identifies no criminal conduct by Plaintiffs. Instead, it relies almost entirely on political speech and advocacy – particularly remarks by CAIR’s Executive Director encouraging civic engagement, political participation, and representation by American Muslims. 

78. These statements are quintessential political and religious expressions. Yet Governor Abbott invoked them to claim Plaintiffs seek to “advance Sharia law in America,” a characterization rooted in stereotype and hostility rather than evidence.

79. A state official may not wield governmental power to punish an organization or silence its advocacy because of disagreement with its speech, its religious identity, or the communities it represents....

96. ... [T]he Proclamation substantially infringes Plaintiffs’ First Amendment right to expressive association by deterring individuals and organizations from joining, supporting, partnering with, or participating in Plaintiffs’ lawful advocacy....

CAIR issued a press release announcing the filing of the lawsuit.

Texas Governor Declares CAIR Foreign Terrorist and Transnational Criminal Organization

Texas Governor Greg Abbott yesterday issued a Proclamation (full text) designating the Muslim Brotherhood and CAIR as Foreign Terrorist and Transnational Criminal Organizations under Texas law. The Proclamation, after three pages of introductory "Whereas" clauses, reads in part:

I, Greg Abbott ... do hereby:

(1) Designate both the Muslim Brotherhood and its successor organization CAIR as Foreign Terrorist Organizations under Texas Penal Code §71.01(e), and thereby subject those organizations, and any persons promoting or aiding their criminal activities, to the heightened penalties authorized by Chapter 125 of the Texas Civil Practice and Remedies Code; and

(2)  Designate both the Muslim Brotherhood and its successor organization CAIR as Transnational Criminal Organizations and proscribed entities under Texas Property Code §5.254(a)(2)(A), and thereby subject those organizations, and their affiliates and members, to Chapter 5 of the Texas Property Code, which prohibits them from purchasing or acquiring land in Texas.

In a press release announcing his action, Governor Abbott said in part:

The Muslim Brotherhood and CAIR have long made their goals clear: to forcibly impose Sharia law and establish Islam’s ‘mastership of the world... The actions taken by the Muslim Brotherhood and CAIR to support terrorism across the globe and subvert our laws through violence, intimidation, and harassment are unacceptable.... These radical extremists are not welcome in our state and are now prohibited from acquiring any real property interest in Texas.

CAIR responded to the Governor's action with a letter (full text) saying in part:

As you know, your proclamation has no basis in law or fact. You do not have the authority to unilaterally declare any Americans or American institutions terrorist groups, nor is there any basis to level this smear against our organization....

CAIR has spent 30 years vocally speaking up against all forms of bigotry, including anti-Black racism, Islamophobia, anti-Palestinian racism and antisemitism, as well as all forms of unjust violence, including hate crimes, ethnic cleansing, genocide and terrorism. ...

Sadly, your office has spent months stoking anti-Muslim hysteria to smear American Muslims critical of the Israeli government. By defaming another prominent American Muslim institution with debunked conspiracy theories and made-up quotes, you have once again shown that your top priority is advancing anti-Muslim bigotry, not serving the people of Texas. 

Unlike your office, which has unleashed violence against Texas students protesting the Gaza genocide to satisfy your AIPAC donors, our civil rights organization answers to the American people, relies on support from the American people, and stands up for American values.

We have successfully sued you three different times for shredding the First Amendment for the benefit of the Israeli government, and we are ready to do so again if you attempt to turn this publicity stunt into actual policy.

Axios reports on these developments.

CAIR Issues Report On Structural Islamophobia

Yesterday, the Council on American-Islamic Relations (CAIR) released a report titled Still Suspect: The Impact of Structural Islamophobia (full text).The Executive Summary says in part:

The title of this report is Still Suspect: The Impact of Structural Islamophobia. The word structural is significant in the understanding that Islamophobia has seeped into every part of our society. It has made its way into government institutions and the public sphere through laws and policies, political rhetoric, and other manifestations.  For example, in 2021, CAIR received a total of 6,720 complaints nationwide involving a range of issues including immigration and travel, discrimination, law enforcement and government overreach, hate and bias incidents, incarceree rights, school incidents, and anti-BDS/free speech. These complaints clearly indicate that government discrimination and bias continue to have a disproportionate effect on American Muslims and further demonstrate that our communities continue to be viewed with suspicion.

Georgia Legislature Passes Revised Anti-Boycott of Israel Bill

On January 27, the Georgia legislature gave final passage to House Bill 383 (full text). The bill enacts a revised version of the state's law on participation in boycotts of Israel in reaction to a federal district court's decision last year holding the prior version unconstitutional on free speech grounds. (See prior posting). Like the original version, the new bill requires companies contracting with the state to certify that they are not currently engaged in a boycott of Israel and will not do so during the contract.  The new bill, however, applies only to companies and not to individuals, and applies only to state contracts of $100,000 or more. In a Jan. 31 press release, CAIR said that if the bill is signed by the governor, it will again challenge it in court.

Procedures For Inclusion On Terrorist Watch List Are Unconstitutional

In Elhady v. Kable, (ED VA, Sept. 4, 2019), a Virginia federal district court held that the procedures for including individuals in the U.S. government's Terrorist Screening Data Base ("Watchlist") violate plaintiffs' constitutional rights. The court held that plaintiffs' liberty interests are implicated by their inclusion in the Terrorist Watch List, and the process used to place a person on the list poses a substantial risk of erroneous deprivation of their rights to domestic and international travel, as well as interference with their reputational interests. RNS reporting on the decision notes that the case was brought by CAIR on behalf of 23 Muslim U.S. citizens who say they were wrongly placed on the list.

Report Finds Increase In Anti-Muslim Bias Incidents

Yesterday CAIR released its 2018 Civil Rights Report which it titles Targeted (full text). Here is part of the Key Findings section of the report:

Anti-Muslim bias incidents have continued to increase in 2017. Additionally, a greater percentage of these instances have been violent in nature, targeting American children, youth, and families who are Muslim or perceived to be Muslim.

CAIR recorded a 17 percent increase in anti-Muslim bias incidents nationwide in 2017 over 2016.  This was accompanied by a 15 percent increase in hate crimes targeting American Muslims, including children, youth, and families, over the same period.

Of particular alarm is the fact that federal government agencies instigated 35 percent of all anti-Muslim bias incidents recorded in 2017. This represents an almost unprecedented level of government hostility toward a religious minority within the United States, and is counter to the American value of religious freedom.

Following the executive order barring the entry of individuals from several Muslim-majority countries into the U.S., the first version of which was signed on January 27, 2017, CAIR received a deluge of cases. Over the course of the year, CAIR recorded 464 incidents pertaining to the unconstitutional Muslim Ban. That is a staggering 18 percent of the total number of anti-Muslim bias incidents documented in 2017.

Some Allegations About CAIR Stricken From Complaint

In Citizens for Quality Education San Diego v. San Diego Unified School District, (SD CA, Feb. 12, 2018), a California federal district court granted a motion by defendants to strike from plaintiffs' complaint certain allegations regarding the Council on American-Islamic Relations (CAIR).  The motion was filed in a suit alleging that the San Diego school district's anti-Islamophobia initiative is a "discriminatory scheme that establishes Muslim students as the privileged religious group within the school community." The court held that seven allegations claiming a relationship between CAIR and terrorism should be stricken as "impertinent, immaterial, and scandalous."  The court however refused to strike claims relating to CAIR’s views on Israel and Judaism.