Ken Paxton Sues Harris County Over Immigrant Legal Aid Program

Texas Attorney General Ken Paxton filed a lawsuit Monday against Harris County and its top officials, arguing that the county’s recent decision to renew funding for its Immigrant Legal Services Fund violates the Texas Constitution. 

The lawsuit challenges more than $1 million approved by county commissioners last month for legal representation to immigrants detained or facing deportation in the Houston area.

According to Houston Public Media, the program was first created in 2020 with an initial $2.5 million allocation and aims to improve due process in immigration courts. The county renewed the program in a 3–2 vote along party lines, with Republican Commissioner Tom Ramsey opposing the measure.

Paxton’s 17-page lawsuit names Harris County Judge Lina Hidalgo and all four commissioners as defendants. It argues that the use of public money for immigrant defense services constitutes an unconstitutional gift of taxpayer funds to private entities, including BakerRipley and the Galveston-Houston Immigrant Representation Project.

“These expenditures are gratuitous because they confer direct financial and professional benefits on private entities and individuals without providing reciprocal public benefit or consideration to Harris County,” Paxton wrote in the filing.

The lawsuit also claims the county failed to establish eligibility standards or oversight measures to ensure the program serves a defined public purpose. 

Houston Public Media reported that Acting County Attorney Christian Menefee defended the program and called the lawsuit “a cheap political stunt” and said the initiative is “perfectly legal.” 

“Harris County has funded this program for years because it’s the right thing to do,” Menefee stated. “We’re helping people who live in our communities and who contribute every day to our local economy. That’s what good government looks like.”

Commissioner Adrian Garcia commented that offering legal support helps ensure fairness in the immigration system. “We don’t apologize for legally assisting people who contribute to our economic engine, especially people who have served in our military,” Garcia said.

This case highlights ongoing tension between state and local officials in Texas over immigration-related spending and the interpretation of the state’s gift clause, which restricts the use of public funds for private benefit.