Lucio Vasquez/Houston Public Media
The Fifteenth Court of Appeals on Tuesday struck down Texas Attorney General Ken Paxton’s effort to halt Harris County’s legal fund to defend undocumented immigrants in court.
While the letter appears to be a legal win for Harris County, justices concluded that the opinion won’t prevent the state from continuing to argue that the county’s Immigrant Legal Services Fund is a violation of the state’s constitution.
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The state appealed the ruling after a Harris County judge in December rejected Paxton’s attempt to shutter the program. In its appeal, the state argued the legal defense fund constitutes unconstitutional grants of public funds to private entities and serves no public purpose.
Harris County attorneys fought that notion and argued that the program — which was approved by the Harris County Commissioners Court in 2021 on a party-line vote — strengthens the economy and keeps families together.
The justices’ letter on Tuesday asserts the program has operated for nearly five years with no apparent objection or controversy.
“The state has yet to produce proof that, despite several years in operation, the program has resulted in any actual harm to residents of Harris County or the state,” according to the letter.
Harris County Attorney Jonathan Fombonne on Tuesday said the county has a clear authority to continue operating the program.
“This is an important win for Harris County and the families who rely on this program,” Fombonne said. “The court recognized that the attorney general’s claims don’t match the facts. This program has operated responsibly for years and continues to serve a legitimate public purpose.”
The legal battle ensued after county commissioners in October approved allocating more than $1 million for legal defense services for undocumented immigrants. The program aims to improve due process in the federal immigration system and diverts funds to organizations that help people seek legal defense.
Paxton’s original 17-page lawsuit claims Harris County’s allocation of public funds to organizations, including BakerRipley and the Galveston-Houston Immigrant Representation Project, violates the Texas Constitution’s gift clause.
The justices’ letter says that under the gift clause, the county can not make a ‘no-strings-attached’ payment of public funds to private legal service providers — “but that does not appear to be the case here.”
The county’s contracts require providers to document client eligibility, and providers have to submit monthly invoices detailing services rendered, according to the letter.
County commissioners applauded the opinion on Tuesday. Harris County Commissioner Rodney Ellis said the decision affirms the county’s authority to protect the dignity and due process rights of all residents.
“The Attorney General’s lawsuit lacked merit, and the court recognized that,” Ellis said. “I’m proud that we remain committed to supporting families, strengthening community trust, and upholding the fundamental fairness our justice system relies on.”
The attorney general’s office did not immediately respond to a request for comment.