Texas Attorney General Ken Paxton filed a lawsuit Wednesday against Bexar County, one of the state's most populous counties, challenging a program that uses taxpayer funds to provide legal representation for immigrants in removal proceedings.
The Bexar County Commissioners Court voted in December to provide $566,181 to the American Gateways organization as part of the county's Immigration Legal Services fund. Established in 2024, the program allocates funding to nonprofits that provide legal representation for immigrants facing deportation. According to local news reports cited by Paxton, the total amount the county has allocated for the program may exceed $1 million.
In his petition filed in Bexar County District Court, Paxton argues the program violates the Texas Constitution's gift clause. The Texas Supreme Court has interpreted this constitutional provision to prohibit the provision of public funds to private entities unless the funds are used for a public benefit and the government retains sufficient control over the funds to ensure that public purpose is actually achieved.
"Bexar County has made a politically charged decision to spend taxpayer dollars to subsidize noncitizens contesting federal immigration enforcement, a purpose that serves no public benefit," Paxton wrote in the complaint. "Bexar County also fails to retain sufficient control to ensure any purported public purpose is achieved. Bexar County delegates all operational discretion to the private nonprofit recipients, which operate as independent legal-service providers entirely outside Bexar County's supervision."
The attorney general seeks a judgment declaring the use of county funds for immigration legal services unlawful, along with temporary and permanent injunctions blocking the funding. The lawsuit represents the latest conflict between state and local officials over immigration policy in Texas.
In a statement announcing the lawsuit, Paxton used strong language to characterize the county's actions. "Leftists in Bexar County have no authority to use taxpayer dollars to fund their radical, criminal-loving agenda," Paxton said. "State funds cannot underwrite deportation-defense services for individuals unlawfully present in the country. This use of hardworking Texans' dollars is a flagrant violation of state law and the Texas Constitution."
This lawsuit follows a similar legal action Paxton filed in November against Harris County, suggesting a broader state effort to challenge local immigration assistance programs. The pattern indicates Paxton may be targeting multiple Texas counties that have established similar immigration legal aid initiatives.
The Texas Constitution's gift clause has been the subject of numerous legal disputes over the years. Courts have generally required that public expenditures serve a clear public purpose and that government entities maintain adequate oversight over how taxpayer funds are used by private organizations.
Bexar County, which includes San Antonio, is among Texas's most populous counties and has been a frequent target of state-level challenges to local policies. The county's Immigration Legal Services fund represents part of a broader effort by local governments to provide support for immigrant communities, often in response to federal immigration enforcement actions.
The American Gateways organization, which received the initial funding allocation, is a nonprofit that provides legal services to immigrants and refugees. The organization typically assists individuals navigating complex immigration proceedings, including deportation defense cases.
When contacted for comment on the lawsuit, Monica Ramos, the public information officer for the Office of the Bexar County Manager, told Courthouse News Service that the county does not comment on pending litigation. American Gateways did not immediately respond to requests for comment.
The legal challenge raises questions about the scope of local government authority in immigration matters and the limits of public spending on services for immigrants. While immigration enforcement remains primarily a federal responsibility, local governments have increasingly sought ways to provide assistance to immigrant communities within their jurisdictions.
The case will likely hinge on whether courts determine that providing legal representation for immigrants facing deportation serves a legitimate public purpose under Texas law. Paxton's argument focuses on both the constitutional prohibition against gifts to private entities and his contention that the county lacks sufficient oversight of how the funds are used.
The outcome of this lawsuit could have broader implications for other Texas counties that have established or are considering similar immigration legal aid programs. If successful, Paxton's challenge could effectively prevent local governments from using taxpayer funds for immigration-related legal services.
The case reflects ongoing tensions between state and local officials over immigration policy in Texas, where local governments in major metropolitan areas often pursue more immigrant-friendly policies while state leadership takes a more enforcement-oriented approach. As the lawsuit proceeds through the courts, it will test the boundaries of local government authority in immigration matters and the application of constitutional restrictions on public spending.