Harris County Wins Early Court Round Against Ken Paxton Over Immigrant Legal Aid

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Texas Attorney General Ken Paxton. (Nick Wagner/Austin American-Statesman/TNS)

A Texas judge on Tuesday dealt Attorney General Ken Paxton a legal setback by denying his attempt to immediately halt Harris County’s immigrant legal services program, a fight that marks another chapter in a high-profile dispute between the Republican state official and the county’s Democratic leadership.

District Judge Takasha Francis rejected Paxton’s request for a preliminary injunction against the Immigrant Legal Services Fund, which uses county tax dollars to support nonprofit organizations that provide legal representation to immigrants facing deportation. The decision allows the program to continue operating while the broader case moves forward.

“We’ll keep fighting,” Paxton’s office said in a statement announcing an appeal of the ruling, which county officials called a win for due process and public safety.

Paxton filed the lawsuit in November after the Harris County Commissioners Court voted in October to allocate about $1.3 million to renew contracts with five nonprofit groups that provide deportation defense services. He argued the program violates the Texas Constitution’s gift clause, which bars public entities from giving money to private individuals or organizations.

Harris County Attorney Christian Menefee countered that the fund serves a clear public purpose by helping residents navigate complex immigration proceedings, reducing lengthy detentions and related costs. Menefee said in a news release that Paxton’s challenge was politically motivated and would harm immigrant communities.

“These programs were properly created by Harris County Commissioners Court for the benefit of Harris County and its residents,” the county wrote in a court response, noting the fund’s operation since 2020.

The judge also declined Harris County’s bid to dismiss the entire lawsuit, allowing the dispute to proceed toward a trial scheduled for December 2026.

Harris County, which includes Houston, is home to one of the nation’s largest immigrant populations. The Immigrant Legal Services Fund, established in 2020, sends county dollars to organizations including BakerRipley and the Refugee and Immigrant Center for Education and Legal Services to assist immigrants who otherwise may lack legal counsel in deportation proceedings.

Paxton’s office has pursued similar challenges against local programs in other jurisdictions, and the case adds to ongoing tensions between state authorities and Democratic-led counties over immigration policy and fiscal authority.