Attorney General Ken Paxton says he is suing Harris County for unlawfully giving more than $1.3 million in taxpayer money to defend illegal aliens from deportation efforts.
In October, Harris County Commissioners voted 4-1 to allocate $1,344,751 in taxpayer funds to give to nonprofit organizations with the goal of defending illegal aliens from being deported. The $1.3 million went to different leftist activist groups, including Galveston-Houston Immigrant Representation Project, Justice for All Immigrants, Kids in Need of Defense, Refugee and Immigrant Center for Education and Legal Services, and BakerRipley.
The program was first introduced by Liberal Harris County Judge Lina Hidalgo in 2020 to give legal representation to illegal aliens in detention facilities or facing deportation.
According to the lawsuit, filed by Paxton, Harris County Commissioners confirmed through public statements that the decision to provide legal funds to illegal aliens was motivated by policy opposition to President Donald Trump administration’s deportation efforts.
After the Commissioners vote to approve the program, Democrat Commissioner Rodney Ellis stated that the county must do everything to protect residents, even the illegal aliens residing there.
“As ICE raids ramp up and federal attacks target communities of color, it’s essential for Harris County to do everything we can to protect our residents, no matter their immigration status,” Ellis said.
Paxton states in his lawsuit that the expenditures made by Harris County Commissioners violate the Texas Constitution’s Gift Clause, which states that the legislature has “no power to authorize any county, city, town, or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual . . . whatsoever[.]”
In addition, the Texas Supreme Court has further interpreted the Gift Clause to allow transfers of public funds to private entities if they benefit the public, the predominant objective is to accomplish a legitimate public purpose, and the government retains control over the funds to ensure that the public purpose is accomplished.
Furthermore, Harris County has not adopted any eligibility requirements or case selection criteria. Instead, eligibility and case acceptance appear to be determined by the Houston Immigration Legal Services Collaborative.
According to the HILSC, it states that representation is provided “regardless of the strength of their case or the person’s criminal record.”
Based on the clause and the county’s plans to use taxpayer funds, the Commissioner’s expenditures would serve no public purpose for their legal residents and would instead subsidize legal fees for illegal aliens.
In Paxton’s press release on the lawsuit, he asserted that the County’s program is “evil and wicked.”
“We must stop the left-wing radicals who are robbing Texans to prevent illegals from being deported by the Trump Administration,” said Paxton. “Beyond just being blatantly unconstitutional, this is evil and wicked. Millions upon millions of illegals invaded America during the last administration, and they must be sent back to where they came from.”