Texas AG Paxton sues Harris County over $1.3M funding to immigrant groups

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HARRIS COUNTY, Texas - Texas Attorney General Ken Paxton announced Tuesday he has filed a lawsuit against the Harris County Commissioners Court, alleging the county unlawfully allocated more than $1.3 million in public funds to organizations that provide legal aid to migrants facing deportation.

Paxton sues Harris County Commissioners Court

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Paxton's office argues the Commissioners Court, which approved the funding in a recent 4-1 vote, misused taxpayer money by providing "unconstitutional grants of public funds to private entities to subsidize the legal defense of illegal aliens who ought to be deported."

The lawsuit contends that the expenditures serve no legitimate public purpose and violate the Texas Constitution's prohibition against government entities conferring private benefits or giving gifts to private groups.

The funds, totaling $1,344,751, were allocated for distribution to several nongovernmental organizations. The lawsuit specifically names groups such as the Galveston-Houston Immigrant Representation Project, Justice for All Immigrants, Kids in Need of Defense ("KIND"), Refugee and Immigrant Center for Education and Legal Services (RAICES), and BakerRipley.

Paxton's filing characterized these recipients as "radical open-border activist groups" dedicated to fighting the deportation of migrants.

What they're saying:

"We must stop the left-wing radicals who are robbing Texans to prevent illegals from being deported by the Trump Administration," Attorney General Paxton said in a statement accompanying the announcement. "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."

Harris County Attorney Christian Menefee provided FOX 26 with this statement:

"Harris County has funded this program for years because it’s the right thing to do. We’re helping people who live in our communities and who contribute every day to our local economy. That’s what good government looks like.

This lawsuit is a cheap political stunt. 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.

Let’s be clear: this program is perfectly legal, and it ensures that people in our communities have access to due process, something every American should support. Despite the narratives pushed by rhetoric worst elements of the Republican Party, we know that immigrants in our communities obey the law, work hard, and strengthen our state.

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."

Commissioner Lesley Briones released the following statement later Tuesday: 

"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. This lawsuit is an unjustified attack on our legal system and fundamental fairness. Violent criminals can and should be deported. 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."

What's next:

Harris County Judge Lina Hidalgo has not responded to a request for a statement. The legal challenge sets up a high-profile constitutional dispute over the authority of local Texas governments to use public money to fund legal services for migrants.