Texas Governor Greg Abbott on Tuesday issued a proclamation on Tuesday designating both the Muslim Brotherhood and the Council on American-Islamic Relations (CAIR) as “foreign terrorist organizations” and “transnational criminal organizations” under Texas law.
The executive action invokes authority under the Texas Penal Code and Texas Property Code, subjecting both organizations to heightened criminal penalties and prohibiting them from purchasing or acquiring land in Texas. The designation also authorizes civil suits under the Texas Civil Practice and Remedies Code..
Under Texas Penal Code § 71.01(e), a foreign terrorist organization is defined as “three or more persons operating as an organization at least partially outside the United States who engage in criminal activity and threaten the security of this state or its residents.” Tuesday’s proclamation cites multiple instances of CAIR members’ criminal convictions for terrorism financing and material support, including the 2009 federal case United States v. Holy Land Found. for Relief & Dev., where CAIR was identified as an “unindicted co-conspirator” in one of the largest terrorism financing prosecutions in US history.
Tuesday’s designation triggers several legal consequences. Texas Property Code § 5.253 prohibits designated entities from purchasing land in Texas, with violations subject to mandatory divestiture under Code § 5.257, and both criminal and civil penalties under Code § 5.258 and § 5.259.
Further, Texas Civil Practice and Remedies Code § 125.064(b) authorizes suits against individuals who “habitually associate with others to engage in gang activity as a member of” a Foreign Terrorist Organization.
The proclamation references several adjacent Texas laws that Governor Abbott has signed into effect this year. House Bill 4211 bans residential property developments from creating Muslim-only compounds, and Senate Bill 17 prohibits foreign adversaries and terrorist organizations from purchasing land.
Tuesday’s action comes amidst ongoing debate over state versus federal authority in designating terrorist organizations. Federal law reserves terrorism designations to the Secretary of State under the Immigration and Nationality Act, raising potential preemption questions about whether state-level designations conflict with federal foreign policy authority. This follows recent federal executive action related to enforcement and designation of alleged terrorist activity. In September, President Donald Trump designated Antifa as a domestic terrorist organization and directed a task force to investigate and prosecute domestic terrorist groups.