Texas Attorney General Ken Paxton has filed a lawsuit against Harris County, which includes Houston, alleging the county unlawfully used taxpayer funds to support undocumented immigrants facing deportation. 

The lawsuit, filed on November 11, 2025, targets the county’s Immigrant Legal Services Fund (ILSF), which received more than $1.3 million in new funding in November. The Attorney General’s office claims the funds are being used to provide legal defense for individuals who are not legally in the country, which they argue constitutes an unlawful use of public money. 

The legal challenge is based on the Texas Constitution’s “gift clause,” which prohibits counties from “grant[ing] public money or a thing of value in aid of, or to any individual.” The lawsuit asserts that the ILSF violates this provision by providing county funds to support legal representation for undocumented immigrants.

Harris County officials have defended the program. County Judge Lina Hidalgo has said the fund is legal and provides due process for migrants navigating complex immigration proceedings. County Attorney Christian Menefee described the lawsuit as a “cheap political stunt” and stated the program helps reduce burdens on local systems and keeps families together.

Commissioner Lesley Briones responded to the lawsuit, saying, "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."

Commissioner Rodney Ellis also commented, "Everyone has the right to feel safe in their own community. The Attorney General’s reckless lawsuit flagrantly attacks civil rights and the very notion of community safety. County Attorney Christian Menefee has affirmed the program is ‘perfectly legal’; the AG’s action represents targeting of Harris County’s commitment to our immigrant neighbors, not legitimate concerns about the program’s legality. At a time when Donald Trump’s ICE raids are fueling anxiety and ripping apart families, we should be investing in trust, not fear. Instead of mounting yet another wasteful, unconstitutional taxpayer-funded campaign stunt, the Attorney General should be supporting actions taken by Harris County to promote true public safety. I will never stop fighting for the rights, health, safety, and dignity of all of my constituents, regardless of immigration status."

The lawsuit is part of a broader pattern of legal actions by Attorney General Paxton targeting Harris County programs. In recent years, Paxton has sued the county over initiatives such as the Uplift Harris guaranteed income program, claiming it violated the Texas Constitution’s gift clause; efforts to restart similar guaranteed-income programs after court challenges; plans to mail voter registration applications to unverified recipients; and election-administration changes in Harris County. Many of these actions focus on programs aimed at low-income or immigrant communities. Paxton often cites the constitutional gift clause as the basis for his suits, arguing that counties cannot grant public money or value to individuals. Harris County officials and some observers have suggested that the repeated targeting reflects political motivations, noting that similar programs in other Texas counties have not faced comparable litigation. County leaders argue that these programs serve public purposes, such as ensuring access to legal representation, promoting family stability, and supporting community safety.

The official press release from the Attorney General’s office states that the ILSF expenditures—$1,344,751 in taxpayer funds allocated via a 4‑1 vote—support nongovernmental organizations providing legal defense for undocumented immigrants in deportation proceedings. The Attorney General is seeking a court order to halt funding through the ILSF. Harris County plans to defend the program, asserting that the fund is lawful and essential for providing due process. For Houston-area residents, the outcome may influence whether Texas counties can continue funding legal assistance for undocumented immigrants or whether such programs must cease under constitutional constraints.