Attorney General Ken Paxton is suing Harris County over its recent approval of $1.3 million in taxpayer funding to provide legal defense services for illegal aliens.
The funding—$1,344,751, divided among five organizations—is part of Harris County’s Immigrant Legal Services Program, a county initiative launched in 2020 to support illegal immigrants in deportation proceedings.
During debate over the most recent funding package, Commissioner Rodney Ellis defended the measure, saying, “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.”
According to a statement from the attorney general’s office, the Harris County Commissioners Court unlawfully allocated the funds in an attempt to give “radical leftist organizations” resources to circumvent lawful deportations.
Paxton stated, “We must stop the left-wing radicals who are robbing Texans to prevent illegals from being deported by the Trump Administration.”
The lawsuit argues that the county’s allocation violates Article III, Section 52a of the Texas Constitution, which prohibits any county, city, or subdivision of the state from granting public money “in aid of, or to any individual … whatsoever.” The Texas Supreme Court has interpreted that section to require three conditions: that an expenditure brings a public benefit, serves a legitimate public purpose, and includes safeguards to ensure proper use of funds.
According to Paxton’s filing, the $1.3 million provides no public benefit or consideration for Harris County. The lawsuit further claims that individuals involved in deportation proceedings—being civil, not criminal, cases—have no constitutional or statutory right to government-funded legal representation.
Paxton also points to the county’s own words as evidence of intent, writing, “Public statements from Harris County Commissioners confirm that the decision to fund deportation-defense services was motivated by policy opposition to federal immigration enforcement actions taken by the Trump administration, not by any legitimate public purpose.”
The attorney general’s office is seeking a temporary injunction to block the distribution of these funds while the case proceeds as well as a permanent injunction prohibiting any future programs or renewals that would fund deportation defense. Paxton is also asking the court to issue a declaration verifying that such funding violates the state constitution.
Paxton concluded, “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.”
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