In a significant move, Texas Governor Greg Abbott has issued a proclamation identifying the Muslim Brotherhood and the Council on American-Islamic Relations (CAIR) as foreign terrorist organizations and transnational criminal organizations under Texas law. This executive action, invoking authority under the Texas Penal Code and Texas Property Code, introduces a range of legal implications, including heightened criminal penalties and the prohibition of these organizations from purchasing or acquiring land in Texas. The designation permits civil suits under the Texas Civil Practice and Remedies Code.
Under Texas Penal Code § 71.01(e), a foreign terrorist organization is defined by parameters that include operation outside the United States and engagement in criminal activities threatening Texas security. The proclamation highlights instances of CAIR members’ criminal convictions related to terrorism financing and material support, prominently citing the 2009 federal case United States v. Holy Land Found. for Relief & Dev., in which CAIR was named as an “unindicted co-conspirator” amidst one of the largest terrorism financing prosecutions in U.S. history. More details are available in the original report from JURIST.
The legal repercussions of this designation are broad. Texas Property Code § 5.253 restricts designated entities from purchasing land in the state, with violations subject to mandatory divestiture along with criminal and civil penalties. Additionally, Texas Civil Practice and Remedies Code § 125.064(b) authorizes legal action against individuals engaged in gang activity associated with a Foreign Terrorist Organization.
Governor Abbott’s recent legislative efforts underscore this proclamation, including House Bill 4211, barring residential property developments from forming Muslim-only compounds, and Senate Bill 17, which prohibits land purchases by foreign adversaries and terrorist organizations.
This state-level action reignites the ongoing debate over the balance of power between state and federal authorities in designating terrorist organizations. Federal jurisdiction, under the Immigration and Nationality Act, reserves terrorism designations to the Secretary of State, prompting preemption questions regarding state actions that might conflict with federal authority. This comes in the wake of recent executive actions by President Donald Trump, who classified Antifa as a domestic terrorist organization and initiated a corresponding task force.
The implications of Governor Abbott’s decision are likely to extend beyond Texas, sparking discussions about the appropriate jurisdictions for designating such entities and the potential overlaps with federal policy frameworks.