Texas Attorney General Ken Paxton Sues Bexar County Over Publicly Funded Immigration Legal Defense Program

State lawsuit targets county-funded deportation defense contracts

Texas Attorney General Ken Paxton has sued Bexar County over a county program that uses public money to pay for immigration legal services for low-income residents facing deportation. The lawsuit, filed this week in Bexar County district court, seeks to halt the county’s Immigration Legal Services fund while the case proceeds.

At the center of the dispute is Bexar County’s decision to direct county funds to nonprofit legal providers to represent eligible clients in removal proceedings. County leaders approved the program in spring 2024, initially setting aside $1 million and planning to split the funding between two organizations: American Gateways and the Refugee and Immigrant Center for Education and Legal Services (RAICES). The vote was 4-1, with Precinct 3 Commissioner Grant Moody casting the lone dissenting vote.

How the Bexar County program was structured

In December 2025, the county approved a contract of roughly $566,000 with American Gateways after RAICES declined to participate. The program’s stated aim is to provide legal representation to indigent county residents who are detained or otherwise at risk of losing lawful immigration status and who cannot afford an attorney. Immigration cases are civil proceedings, and there is no general right to government-appointed counsel for respondents in immigration court.

Program opponents on the Commissioners Court have argued that the county should impose stricter eligibility “guardrails,” including exclusions tied to criminal accusations or convictions, and have questioned whether the program is a lawful county function.

Paxton’s legal argument: constitutional limits on spending

Paxton’s lawsuit argues that the county’s spending violates the Texas Constitution’s limits on the use of public funds for private entities. The case focuses on whether county payments to nonprofit legal organizations amount to an impermissible gift of public money and whether the program satisfies the legal requirements that public spending serve a public purpose and be subject to sufficient governmental control and accountability.

The lawsuit also asserts that because deportation defense is not a service counties are required to provide, Bexar County lacks authority to spend taxpayer funds for that purpose.

Broader context: similar litigation in other Texas counties

The Bexar County case follows earlier legal challenges involving county-funded immigration legal services elsewhere in Texas. Paxton has pursued comparable claims against Harris County’s immigrant legal services funding, an issue that has produced ongoing litigation over whether local governments may fund legal representation for immigrants facing removal.

What happens next

Paxton is asking the court for immediate relief that would suspend Bexar County’s program during the lawsuit. The county officials named in the litigation have limited public comment in the early stages of the case. The court’s initial rulings—particularly on any request for a temporary injunction—are expected to determine whether the program continues operating while the constitutional and statutory questions are litigated.

• Program launched: May 2024
• Initial allocation approved: $1 million
• Latest contract approved: December 2025, about $566,000 to American Gateways
• Key legal issue: whether county funding to nonprofits for immigration defense is a permitted public purpose under Texas constitutional limits

The case is likely to test how far Texas counties can go in funding civil legal services connected to federal immigration proceedings, and what oversight mechanisms are required when public funds are routed through nonprofit contractors.