Judge allows Paxton lawsuit against Harris County ILS program to proceed, declines TRO

A district court judge has allowed Texas Attorney General Ken Paxton’s lawsuit against Harris County’s Immigrant Legal Services (ILS) program to move forward, while denying the state’s request for an emergency order to halt the county’s continued funding of the program.

The ruling, issued by Judge Takasha Francis, came after weeks of legal sparring between the Office of the Attorney General and Harris County officials over the taxpayer-funded program that provides legal assistance to immigrants facing deportation.

Background of the Lawsuit

Paxton filed suit last month after the Harris County Commissioners Court voted 4–1 to allocate an additional $1.3 million to the ILS fund, originally created in 2020. The program directs public dollars to several nonprofit legal-service organizations, including BakerRipley, the Galveston-Houston Immigrant Representation Project, Justice for All Immigrants, KIND, Inc., the Refugee and Immigrant Center for Education and Legal Service, and the county’s Housing and Community Development Department.

The county also supports an Immigrant Resources Hotline. Prior to the latest allocation, Harris County had already spent at least $8 million on immigrant legal services since 2020.

In its lawsuit, the Attorney General’s Office labeled the recipient groups “radical open-border activist groups” and argued that the program violates the Texas Constitution’s prohibition on using public funds as gifts or private benefits when they do not serve a legitimate public purpose. Paxton named County Judge Lina Hidalgo and all four commissioners as defendants.

Harris County countered by arguing the state lacked standing, that the county is immune from such suits, and that the Attorney General had waited too long—five years since the program’s creation—to challenge it.

Judge Declines TRO, but Lets Case Proceed

Judge Francis declined to issue a temporary restraining order, siding with Harris County Attorney Christian Menefee on that point. However, she rejected the county’s bid to dismiss the case, clearing the way for litigation to continue.

Despite the mixed outcome, Menefee—who is running for Congress—publicly declared victory, saying:

“This is a clear defeat for Ken Paxton and his manufactured attack on our community. The court saw this lawsuit for exactly what it was: a cheap political stunt designed to score headlines. Harris County will not be intimidated or pushed around by state officials who are more interested in pandering than governing.”

Shortly after the ruling, the Attorney General’s Office notified the court that it will appeal the denial of the TRO.

Program’s Track Record and Ties to National Network

In 2020, Harris County joined the Vera Institute for Justice’s Safety and Fairness for Everyone (SAFE) Network, a coalition of 55 jurisdictions—including Austin and San Antonio—that fund deportation-defense services. The network advocates “universal representation” for immigrants “regardless of income, race, national origin, or history with the criminal legal system,” and describes the U.S. immigration system as “racist.”

As part of its defense, Menefee’s office submitted records showing that as of July 2023, Harris County’s program had assisted 217 clients from 23 countries. Between January 2022 and the end of 2024, the program supported 330 cases; of the 202 cases that concluded during that period, 21 resulted in relief, while 68 ended in removal orders.

Echoes of Earlier Paxton Lawsuits

Paxton’s legal reasoning mirrors his earlier lawsuit against Harris County’s guaranteed basic income (GBI) program. The Texas Supreme Court blocked the first version of that program in 2024, after which commissioners revised it. Paxton sued again, and commissioners ultimately redirected the funds elsewhere. The case was dismissed without prejudice, leaving open questions about whether the program would have met constitutional standards.

Broader Context: Immigration Enforcement Politics Intensify

The lawsuit comes amid heightened political battles over immigration enforcement in Texas and across the country.

Last week, the U.S. Department of Homeland Security announced that it had deported 605,000 illegal immigrants and that 1.9 million had self-deported since President Donald Trump took office in January 2025. The agency said these departures had reduced “strain on public services” and contributed to a “resurgence in local job markets.”

Immigration enforcement debates have also roiled Houston politics. Outgoing City Council Member Letitia Plummer, who is running to replace Hidalgo as county judge in 2026, recently proposed making cooperation between Houston police and U.S. Immigration and Customs Enforcement optional. The city attorney countered that such a policy would conflict with state and federal laws.

Meanwhile, the Harris County Democratic Party voted last weekend to bar Mayor John Whitmire from receiving its future endorsements, partly over claims that the city was “collaborating” with ICE.

What Comes Next

With the temporary restraining order denied but the lawsuit still alive, the case will now advance through the courts. The Attorney General’s Office is preparing an appeal, while Harris County leaders continue to implement the expanded ILS program.

The outcome could have significant implications not only for Harris County’s services for immigrants but also for how Texas local governments may use public funds in other social or legal-support programs moving forward.