Bexar County immigration fund allowed to keep operating

Photo credit: Texas Public Radio

SAN ANTONIO — A state district judge ruled in favor of Bexar County in a lawsuit filed by Ken Paxton challenging the county’s immigrant legal services program, finding that the attorney general lacked authority to proceed with the case, the Bexar County District Attorney’s Office said Friday.

Mary Lou Alvarez of the 45th Civil District Court granted the county’s jurisdictional challenge, which argued that the state did not have proper legal standing to sue over the program. The ruling addressed that threshold issue and did not consider the broader merits of the dispute.

Paxton’s lawsuit sought to halt Bexar County’s Immigration Legal Services program, which funds legal representation for certain indigent residents facing deportation proceedings. The state asked for emergency relief and longer-term injunctions to stop the county from spending public funds on the services.

Paxton argued that the program violates the Texas Constitution’s “gift clause,” which restricts local governments from granting public funds to private entities without a legitimate public purpose.

County officials said the program serves qualifying low-income residents, including children, and aims 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 with reporting, reimbursement and audit requirements and is scheduled to end Feb. 28, 2026.

Assistant District Attorney Lisa Cubriel led the county’s legal team. District Attorney Joe Gonzales said the ruling affirms the county’s statutory authority. It was not immediately clear whether Paxton will appeal.

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