- The Power to Designate Terrorist Organizations Is 100% Federal
Under 8 U.S.C. § 1189, the Secretary of State — not a governor — has the exclusive authority to designate Foreign Terrorist Organizations (FTOs).
States have zero jurisdiction here.
No wiggle room.
No “Texas exception.”
Anything a governor tries to declare in this space is symbolic theater, not enforceable law.
- CAIR Is an American Organization
CAIR (Council on American-Islamic Relations) is a U.S. nonprofit incorporated in Washington, D.C. with chapters across the country.
It is not:
foreign
an armed group
designated by State or Treasury
under any federal terrorism order
A state trying to label an American civil-rights organization as a foreign terror group is the definition of constitutional overreach.
- Abbott’s “designation” has NO legal effect
A proclamation like this cannot:
place CAIR on a federal watchlist
criminalize membership or speech
restrict banking or travel
justify surveillance
cut off federal funding
It amounts to political branding, not a legal classification.
The attorney in the FOX story basically says the same thing: lots of smoke, no fire.
- Where he might have legal footing
States can regulate:
property ownership by foreign nationals from “hostile countries”
state-level contracts
state-level grant eligibility
But CAIR is not a foreign national.
And the Muslim Brotherhood has no legal corporate footprint here.
Trying to use land-purchase laws on domestic U.S. orgs collapses in court instantly.
- Massive First Amendment Problems
Labeling a religious-adjacent advocacy group as a terrorist entity is a textbook violation of:
Free speech
Freedom of association
Free exercise of religion
Equal protection
You can’t criminalize political criticism of Israel, Muslim advocacy, or campus organizing by slapping a terror label on it.
This is exactly the kind of government behavior federal courts strike down at summary judgment.
- What will happen next?
Guaranteed:
A federal lawsuit (CAIR already promised it)
An injunction stopping Texas from enforcing anything tied to this proclamation
A likely federal ruling that Abbott exceeded his authority
If Texas tries to enforce it aggressively — shutting down student groups, blocking speakers, or freezing funds — it goes straight into civil-rights litigation and possibly DOJ intervention.
- Corporate-strategy conclusion
Abbott’s proclamation isn’t law — it’s messaging.
In terms of actual policy impact, you’re looking at:
No federal authority
No enforceability
High legal exposure
First Amendment litigation incoming
Likely federal injunction
And I’m a Texan and typically vote Republican, but I also call bullshit where I see it….
LeRoy Nellis 
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