Appeals Court Upholds Harris County’s Legal Aid Program for Immigrants
The 15th Court of Appeals has upheld the decision to continue Harris County’s legal aid program for undocumented immigrants, rejecting Attorney General Ken Paxton’s effort to halt the initiative. The court determined that Paxton did not present evidence showing the program caused harm to residents.
In November, Paxton filed a lawsuit against Harris County for allocating taxpayer funds to nonprofit organizations that assist undocumented immigrants with legal proceedings. He argued that this allocation was an unconstitutional use of public funds. A similar lawsuit was filed against Bexar County earlier this month.
Both lawsuits were dismissed by district judges, prompting Paxton to appeal the Harris County case to the newly established 15th Court, which handles cases involving state government matters.
The appeals court cited past rulings, noting that providing legal counsel to indigent individuals is considered a public service. “The State has not explained why providing counsel to indigents facing federal deportation is unconnected to these programs and concerns,” the judges stated.
Background of the Immigrant Legal Services Fund
Harris County initiated the Immigrant Legal Services Fund in 2020 with an initial allocation of $2.5 million. This fund aims to help individuals navigate immigration proceedings. Following Harris County’s lead, Bexar County allocated $1 million in May 2024 to assist individuals facing deportation.
Harris County Judge Lina Hidalgo highlighted the importance of legal representation, stating that families without an attorney at deportation hearings face a much higher rate of deportation. According to the Houston Chronicle, she said, “When you have a family at a deportation hearing and they don’t have an attorney, they’re deported at a much higher rate, like 90 percent of the time, compared to like 5 percent of the time when they do have an attorney.”
The program supports five organizations: BakerRipley, the Galveston-Houston Immigrant Representation Project, Justice for All Immigrants, KIND, Inc., and the Refugee and Immigrant Center for Education and Legal Service. Over the past five years, it has assisted 373 individuals, with most cases resulting in removal or voluntary departure.
Harris County Jail has become a central point for ICE detainers, as noted by The Texas Tribune, amid heightened federal and state immigration enforcement.
Bexar County allocated over $566,000 to its immigration legal services program in December, but Paxton sued the county on February 4, seeking to end what he termed a “criminal-loving agenda.” However, District Judge Mary Lou Alvarez ordered that no attorneys from Paxton’s office could proceed with the case unless authorized counsel replaced them. The program’s current term ends on February 28, one day after the court’s deadline for Paxton’s office.
Attorney General’s Legal Actions
Paxton argued that these programs do not serve a public purpose and represent unconstitutional funding of private entities for individual deportation defenses. He sought an immediate halt to fund disbursement in Harris and Bexar counties. However, the appeals court found no evidence of these grants being unconstitutional, highlighting Harris County’s strict service usage requirements and service documentation by grant recipients. The county retains the ability to halt funding for non-compliance, as it has done twice.
The judges emphasized that while policies may be politically divisive, they should not be overturned unless proven unconstitutional. Paxton has initiated similar legal actions against Austin and San Antonio regarding funding for abortion-related services. In June, the 15th Court of Appeals ruled in his favor concerning San Antonio’s funding intentions.
Responses from Local Officials
Harris County Attorney Jonathan Fombonne remarked that the court’s decision demonstrates the lack of factual basis for Paxton’s claims. “This program has operated responsibly for years and continues to serve a legitimate public purpose,” Fombonne said. “We clearly have the authority to serve residents in this manner, and my office will continue to defend this program.”
Commissioner Adrian Garcia noted that the program functioned responsibly until Paxton’s bid for higher office. Paxton is currently challenging Sen. John Cornyn in a GOP primary. The appeals court echoed Garcia’s sentiment, stating that the program “has been operating since 2021 without apparent objection or controversy,” and the State has not demonstrated any harm resulting from the program.
