Bexar County immigration defense fund allowed to continue
By David Martin Davies
February 20, 2026 at 4:36 PM CST
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A state district judge ruled in favor of Bexar County in a legal fight over the county’s immigrant legal services program, ruling that Attorney General Ken Paxton lacked the authority to keep his lawsuit against the county moving forward, according to a statement released Friday by the Bexar County District Attorney’s Office.
Judge Mary Lou Alvarez of the 45th Civil District Court granted the county’s “jurisdictional challenge” in a case brought by the attorney general that sought to halt the county’s Immigration Legal Services program.
The ruling addresses a threshold question, whether the state had proper legal authority to sue the county over the program, rather than the broader merits of the dispute.
The lawsuit targeted Bexar County’s spending on legal representation for some indigent residents facing deportation proceedings and asked the court for emergency relief and longer-term injunctions to stop the county from funding such services.
County officials have said the program is narrowly aimed at qualifying low-income county residents, including children, and is designed to protect due-process rights and reduce family disruption. The district attorney’s office said the program has operated for more than a year under written agreements that include reporting requirements, reimbursement controls, auditing provisions and county oversight, and that it is currently scheduled to end on Feb. 28, 2026.
Paxton argued the program violates the Texas Constitution’s “gift clause,” which limits when local governments may provide public funds to private entities, and alleged the spending serves no legitimate public purpose.
Bexar County’s legal team was led by Assistant District Attorney Lisa Cubriel.
District Attorney Joe Gonzales said in a statement that the county acted within its statutory authority and argued the ruling reinforces constitutional limits on state litigation against local governments.
It was not immediately clear Friday whether Paxton’s office would appeal.
A state district judge ruled in favor of Bexar County in a legal fight over the county’s immigrant legal services program, ruling that Attorney General Ken Paxton lacked the authority to keep his lawsuit against the county moving forward, according to a statement released Friday by the Bexar County District Attorney’s Office.
Judge Mary Lou Alvarez of the 45th Civil District Court granted the county’s “jurisdictional challenge” in a case brought by the attorney general that sought to halt the county’s Immigration Legal Services program.
The ruling addresses a threshold question, whether the state had proper legal authority to sue the county over the program, rather than the broader merits of the dispute.
The lawsuit targeted Bexar County’s spending on legal representation for some indigent residents facing deportation proceedings and asked the court for emergency relief and longer-term injunctions to stop the county from funding such services.
County officials have said the program is narrowly aimed at qualifying low-income county residents, including children, and is designed to protect due-process rights and reduce family disruption. The district attorney’s office said the program has operated for more than a year under written agreements that include reporting requirements, reimbursement controls, auditing provisions and county oversight, and that it is currently scheduled to end on Feb. 28, 2026.
Paxton argued the program violates the Texas Constitution’s “gift clause,” which limits when local governments may provide public funds to private entities, and alleged the spending serves no legitimate public purpose.
Bexar County’s legal team was led by Assistant District Attorney Lisa Cubriel.
District Attorney Joe Gonzales said in a statement that the county acted within its statutory authority and argued the ruling reinforces constitutional limits on state litigation against local governments.
It was not immediately clear Friday whether Paxton’s office would appeal.