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Texas Attorney General Ken Paxton has sued Bexar County and several county officials, seeking a court order to block the county from spending local tax dollars on legal representation for immigrants facing federal deportation proceedings. A link to the lawsuit can be found here.
In a filing labeled “Petition and Application for Temporary Restraining Order and Injunctive Relief,” the state argues that Bexar County Judge Peter Sakai, the Bexar County Commissioners Court, and other officials acted outside their lawful authority by approving and implementing the spending.
The lawsuit targets a Dec. 16, 2025, vote that authorized an additional $566,181 for a contract amendment with American Gateways under the county’s Immigration Legal Services program.
Paxton is seeking a temporary restraining order to immediately stop any disbursement tied to the Dec. 16 approval, followed by a temporary and permanent injunction that would bar the county from spending public money on deportation-defense or other immigration-related legal services going forward.
The suit also asks for a declaratory judgment that the expenditure violates the Texas Constitution.
At the center of Paxton’s argument is the Texas Constitution’s “gift clause,” which generally prohibits political subdivisions from granting public money to private individuals or organizations unless the spending satisfies a public-purpose test and other requirements.
The petition argues the county’s payments to a private nonprofit for deportation defense serve “no legitimate public purpose,” confer a private benefit, and therefore are unconstitutional.
Bexar County’s immigrant legal defense effort has been debated locally since its launch. In 2024, county commissioners approved a $1 million first-year pilot to fund immigration legal defense for indigent county residents, with contracts split between American Gateways and another nonprofit, RAICES.
County officials and nonprofit representatives argued at the time that legal representation helps protect due process, reduces unnecessary detention, and prevents family separation.
More recently, during the December 2025 renewal debate, county leaders and advocates described the program as focused largely on families and children and aimed at helping residents navigate immigration court proceedings.
Sakai said the county viewed the legal defense funding as a “win-win,” arguing that people released from detention can work and support their families, potentially reducing demand on county services.
Precinct 3 Commissioner Grant Moody, the only Republican on the commissioners court, has been the most outspoken local critic, voting against the funding and warning that the contract does not explicitly bar representation for people with violent criminal histories.
Paxton’s lawsuit against Bexar County follows a similar legal fight in 2025, when he sued Harris County over its immigrant legal services funding. In that case, county officials called the program lawful and framed the lawsuit as political retaliation amid stepped-up immigration enforcement.
Paxton made the same arguments in Harris County about their program violating the Texas Constitution’s “gift clause.”
A Harris County district judge denied Ken Paxton’s request for a preliminary injunction that would have blocked the county from continuing the program while the lawsuit proceeds.
The judge did not dismiss the lawsuit, meaning the underlying constitutional challenge can continue in the trial court. Paxton has appealed that denial, and the case is currently on a litigation track with a trial setting reported for December 2026.
The state attorney general’s office filed the lawsuit as Paxton is running for a higher office. He is challenging U.S. Sen. John Cornyn in the 2026 Republican primary.
