Ken Paxton has sued Harris County over its immigrant legal services program, arguing county dollars are being used to shield migrants from deportation. The county set up the fund in 2020 and recently added $1.3 million to support nonprofit legal help for people facing removal. County officials call the program lawful and necessary; Paxton says it crosses constitutional lines and is a reckless use of taxpayer money.
Harris County created the Immigrant Legal Services Fund to send money to five organizations that help migrants facing deportation obtain lawyers, a move county leaders pitched as filling a gap in access to counsel. The board approved the program on a party-line vote in 2020, and last month the county voted to add another $1.3 million to the effort. Supporters argue legal representation dramatically changes outcomes at deportation hearings and keeps families together.
Paxton moved quickly to sue, calling the county’s spending unlawful and morally wrong. He described the program as “evil and wicked,” and filed a suit seeking to stop any further distributions to the groups involved. The target is clear: reduce what he sees as county-led efforts that interfere with federal immigration enforcement.
TEXAS AG KEN PAXTON SUES LATINO VOTER GROUP JOLT FOR ALLEGEDLY REGISTERING ILLEGAL IMMIGRANTS
In his complaint Paxton argues the county’s grants “serve no public purpose and instead constitute unconstitutional grants of public funds to private entities to subsidize individual deportation defenses.” He has asked a court to block the county from sending money to those organizations now or in the future. From his perspective, public dollars should not be used to undercut federal removal proceedings or subsidize private legal defenses.
Harris County Attorney Christian Menefee pushed back hard, calling the lawsuit political theater. “This lawsuit is a cheap political stunt,” he said in a statement. “At a time when the president has unleashed ICE agents to terrorize immigrant neighborhoods, deport U.S. citizens, and trample the law, it’s shameful that Republican state officials are joining in instead of standing up for Texans.”
The dispute lands against a backdrop where Harris County Jail reportedly leads the nation in ICE detainers, and county leaders say they are responding to an uptick in raids. Before 2020 the county was the largest in the country without a formal program to help detained immigrants get counsel, and local officials argued that lack mattered. “When you have a family at a deportation hearing and they don’t have an attorney, they’re deported at a much higher rate, like 90% of the time, compared to like 5% of the time when they do have an attorney,” county Judge Lina Hidalgo, who proposed the program, said at the time, according to the Houston Chronicle.
Commissioner Rodney Ellis defended the new funding as necessary to blunt aggressive federal enforcement actions and to protect residents. “Having access to legal representation not only improves case outcomes but helps keep families together,” he said in a statement. “In a county as diverse as ours, local government must step up to safeguard safety, justice, and the people we serve.”
For Republicans this lawsuit is about checks and balances: state officials challenging local choices they see as illegal and fiscally irresponsible. The case will test whether a county can use its budget to underwrite legal defenses that intersect with federal removal powers, and it will land in court as both sides portray the fight as a defense of principle. Expect a courtroom showdown that frames immigration spending as a legal question and a statement about who pays when local governments take on federal enforcement issues.
Darnell Thompkins is a Canadian-born American and conservative opinion writer who brings a unique perspective to political and cultural discussions. Passionate about traditional values and individual freedoms, Darnell’s commentary reflects his commitment to fostering meaningful dialogue. When he’s not writing, he enjoys watching hockey and celebrating the sport that connects his Canadian roots with his American journey.