Texas vs. Local Immigration Support: What Ken Paxton’s Lawsuit Means for Harris County Families

When legal battles unfold at the state level, their impact reaches far beyond courthouses and press conferences — they affect real people, real families, and entire communities. Texas Attorney General Ken Paxton’s recent lawsuit against Harris County is one of those moments. At its core, this legal fight raises a simple but powerful question: Can Texas counties use local funds to support immigrant legal defense?

As an immigration attorney serving Houston and the surrounding region, I’m closely watching this case. The outcome will shape the future of legal assistance and due-process rights for countless immigrants living, working, and raising families in Harris County.

Lawsuit being filed in courthouse.

Why Ken Paxton Is Suing Harris County

In late January, Attorney General Paxton filed a lawsuit alleging that Harris County’s $1.3 million Immigrant Legal Services Fund (ILSF) violates Texas’s constitutional ban on “public gifts.”Source: Houston Chroniclehttps://www.houstonchronicle.com/politics/houston/article/ken-paxton-harris-county-immigration-21162909.php

The ILSF is designed to provide free or low-cost legal representation to immigrants facing removal proceedings — individuals who otherwise would have no legal counsel in a system where the stakes include detention, separation from family, or deportation.

Paxton argues that taxpayer funds cannot be used to assist “non-citizens” in deportation defense. Harris County leaders counter that the fund is about protecting due process and supporting vulnerable residents who contribute to the thriving Houston region.

What the Immigrant Legal Services Fund Actually Does

Contrary to some misconceptions, the ILSF does not help individuals with criminal histories avoid accountability. Rather, it focuses on:

• Asylum seekers fleeing violence

• Long-time residents with U.S. citizen children

• Detainees with legitimate relief options

• Individuals wrongfully targeted in enforcement actions

Multiple national studies have shown that immigrants with lawyers are far more likely to appear for their hearings and resolve their cases fairly. Without representation, the system becomes nearly impossible to navigate.

For background:National Immigration Forum overview of legal representation impacts:https://immigrationforum.org/article/access-to-counsel-in-immigration-court/

How This Lawsuit Impacts Houston’s Immigrant Community

If Paxton’s lawsuit succeeds, Harris County could be forced to eliminate the legal fund entirely. That would create immediate challenges:

1. Thousands Could Lose Access to Fair Legal Representation

Immigration law is one of the most complex legal systems in the nation. Removing access to counsel disproportionately harms low-income families, asylum seekers, and mixed-status households — many of whom have lived in Houston for years.

2. Court Backlogs May Become Even Worse

Studies show that unrepresented immigrants are more likely to delay proceedings unintentionally or file incorrect paperwork. This slows the system for everyone.

3. Houston Could See a Return to Increased Family Separations

Parents detained without representation often cannot navigate the system or request bond hearings. Children — many of them U.S. citizens — get caught in the legal aftermath.

Why the State vs. County Conflict Matters for the Future of Immigration Policy

This lawsuit reflects a growing national trend: state governments attempting to block localities from providing immigrant support.

Texas has been at the center of this debate for years, most recently with the controversial Senate Bill 4 immigration law (SB 4).Coverage:Texas Tribune — SB4 legal battleshttps://www.texastribune.org/2024/04/03/texas-senate-bill-4-immigration/

If the state succeeds here, it could:

• Limit what counties can do to support immigrant families

• Encourage similar lawsuits against cities like Austin, Dallas, or El Paso

• Prevent local governments from using their own budgets to fill gaps in federal immigration resources

This would shift even more power to the state level, leaving counties with little authority to serve their own residents.

Why Immigrant Legal Aid Matters — From an Attorney’s Perspective

Every day, I meet families from Houston’s diverse communities — Gulfton, Alief, Spring Branch, Pasadena — who are hardworking, tax-paying, and deeply rooted here. Many have lived in Texas for decades. But one unexpected change in policy, one missed court date, or one misunderstanding of the law can jeopardize everything.

Access to legal counsel should not depend on the political climate of the moment. It should be a foundational part of a fair immigration system.

What Happens Next?

The lawsuit will move through the Texas court system over the coming months. Harris County officials have signaled they are prepared to defend the fund as a lawful, community-oriented initiative.

What’s at stake:

• The future of publicly supported immigration legal defense

• Thousands of ongoing immigration cases

• The ability of Texas counties to fund programs that reflect local values

• The lives and stability of families across Houston

I will continue to monitor this case closely, because its outcome will influence how immigration law is practiced in Texas for years to come.

Final Thoughts

Ken Paxton’s lawsuit is not just a legal challenge — it is a test of our values as Houstonians. We are a city built on diversity, resilience, and opportunity. Ensuring that our immigrant neighbors have access to due process is not just good policy; it’s a reflection of the community we want to build.

If you or a family member is affected by these developments, I encourage you to stay informed and speak with a qualified immigration attorney.