Full Breakdown
Appeals Court Upholds Harris County's Immigrant Legal Services Program
2/26/2026, 2:50:47 AM
Legal Challenge to Immigrant Legal Aid
The 15th Court of Appeals in Texas has upheld Harris County's Immigrant Legal Services Program, rejecting Attorney General Ken Paxton's attempt to terminate the initiative. Paxton had filed a lawsuit in November 2025, arguing that the program, which allocates taxpayer funds to nonprofits assisting undocumented immigrants with legal representation, was unconstitutional and constituted an improper gift of public funds. The court ruled that Paxton failed to provide evidence that the program harmed residents, emphasizing that procuring legal counsel for indigent individuals is a recognized public service.
Background of the Program
Established in 2020, the Harris County Immigrant Legal Services Fund initially allocated $2.5 million to support individuals navigating immigration proceedings. The program has since assisted 373 people, with a significant impact on their legal outcomes. Harris County Judge Lina Hidalgo noted that individuals without legal representation face deportation rates as high as 90%, compared to just 5% for those with attorneys. The program funds 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 Services.
Court's Rationale and Findings
The appeals court's decision highlighted that the Harris County program has operated without significant objection since its inception. The judges stated, “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.” They also noted that the county has strict requirements for service providers and has previously terminated funding for non-compliance.
Official Statements & Responses
Harris County Attorney Jonathan Fombonne asserted that the ruling confirmed Paxton's claims were unfounded, stating, “This program has operated responsibly for years and continues to serve a legitimate public purpose.” Commissioner Adrian Garcia echoed this sentiment, suggesting that Paxton's legal actions were politically motivated as he campaigns for a higher office against Senator John Cornyn.
Criticism & Opposition
Paxton's lawsuits against Harris County and similar actions against Bexar County, Austin, and San Antonio have drawn criticism. Opponents argue that these legal challenges are part of a broader agenda to undermine local support for immigrant services and reproductive health initiatives. Critics contend that Paxton's actions reflect a political strategy rather than genuine concern for public funds.
What's Next
As the Harris County program continues, it faces a deadline of February 28, 2026, for potential funding cessation, contingent upon the outcome of Paxton's ongoing legal challenges. The appeals court's ruling allows the program to operate while reinforcing the necessity of legal representation for vulnerable populations facing deportation.
Verbatim Quotes
- “Texashas long recognized that ‘procuring counsel’ for indigent persons in civil cases ‘is the performance of a needed public service,’” — 15th Court of Appeals
- “This program has operated responsibly for years and continues to serve a legitimate public purpose,” — Jonathan Fombonne, Harris County Attorney
- “That is, until Ken Paxton decided to run for higher office,” — Adrian Garcia, Harris County Commissioner
- “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,” — 15th Court of Appeals
