Ken Paxton Sues Harris County Over Immigrant Legal Services Fund

In a move that Harris County Attorney Christian Menefee referred to as a “cheap political stunt,” Texas Attorney General Ken Paxton sued county commissioners this week, alleging they violated the Texas Constitution by spending $1.3 million on immigration assistance programs. 

Paxton’s 17-page legal filing, submitted Monday evening in a Harris County District Court, names Judge Lina Hidalgo and all four county commissioners, saying they funneled taxpayer money to “radical leftist organizations that will use the money to oppose the lawful deportations of illegal aliens.” 

The AG says the allocation is a violation of the Texas Constitution’s “gift clause,” because the funds serve no public purpose and instead “subsidize the legal defense of illegal aliens who ought to be deported.”

“We must stop the left-wing radicals who are robbing Texans to prevent illegals from being deported by the Trump Administration,” Paxton said in a press release. “Beyond just being blatantly unconstitutional, this is evil and wicked. Millions upon millions of illegals invaded America during the last administration, and they must be sent back to where they came from.”

Paxton is running for U.S. Senate, challenging incumbent Sen. John Cornyn and U.S. Rep. Wesley Hunt, both Houston Republicans, in the March primary.

Menefee, who is in a runoff with former Houston City Council member Amanda Edwards to fill the unexpired term of the late Sylvester Turner in U.S. Congressional District 18, said the program funded by county commissioners is “perfectly legal.”

“It ensures that people in our communities have access to due process, something every American should support,” Menefee said in a statement. “My office will fight back and defend Harris County’s right to lead with fairness, compassion, and common sense, no matter how many times Republican state officials try to erase that.”

Harris County created the Immigrant Legal Services Fund in 2020 to provide deportation defense services for immigrants. Last month, the court voted to renew a contract with five agencies: BakerRipley, the Galveston-Houston Immigrant Representation Project, Justice for All Immigrants, KIND, Inc. and the Refugee and Immigrant Center for Education and Legal Service. Distribution of the funds was set to begin January 1, but Paxton filed a temporary injunction to halt any money from changing hands. 

Menefee, who has successfully sued the Trump administration multiple times this year, appeared confident that Harris County would prevail. 

“This lawsuit is a cheap political stunt,” Menefee said. “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.”

Commissioner Lesley Briones said in a statement that, in Harris County, “we proudly respect constitutional rights, we will fight this lawsuit and trust justice will prevail in the courts.” 

“Unlike Ken Paxton, who brazenly allows the Trump Administration’s masked ICE agents to arrest U.S. citizens in violation of the law, we believe people who have a legal right to remain in the country deserve access to justice and due process,” she said. “This lawsuit is an unjustified attack on our legal system and fundamental fairness.”

“Violent criminals can and should be deported,” Briones added. “At the same time, we will fight to protect everyone who has a legal pathway to citizenship and avoid needless family separations in the pursuit of the American dream.” 

Harris County’s Immigration Legal Services Fund is for residents who have been detained by Immigration and Customs Enforcement, based on household income. For example, a single individual must make less than $52,200 per year to qualify for assistance. 

Assistant Attorney General Anthony Dolcefino is representing Paxton’s office in the lawsuit and said the defense fund doesn’t benefit the public and was motivated by the commissioners’ opposition to the Trump administration’s immigration policies. 

The lawsuit quotes Commissioner Rodney Ellis saying in court, “As  ICE raids ramp up and federal attacks target communities of color, it’s essential for Harris County to do everything we can to protect our residents, no matter their immigration status.”

Commissioner Adrian Garcia, a former sheriff, asked whether the commissioners court could “make some request short of a demand that [Harris County] law enforcement not cooperate with ICE,” the lawsuit states. 

“[Garcia’s] remarks further illustrate that Harris County’s decision to fund deportation-defense services is driven by opposition to federal immigration enforcement rather than by any legitimate public purpose,” according to Paxton’s legal filing.

Commissioner Tom Ramsey, the lone Republican on the court, voted against funding the immigration defense services but was sued anyway. 

Immigration rights advocates have argued that it costs more to incarcerate people accused of immigration violations than to provide legal counsel. 

Paxton sued immigration rights group FIEL Houston last year, alleging that they violated federal rules that govern nonprofits’ political involvement by criticizing Trump and Texas Gov. Greg Abbott. The case was initially dismissed by a trial court but a Court of Appeals judge ruled last month that legal action can proceed. 

“Anti-American organizations like FIEL’s aim is to destroy our country and flood our nation with foreign invaders,” Paxton said at the time. 

This article appears in Jan 1 – Dec 31, 2025.

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