Texas Attorney General Ken Paxton filed a lawsuit against Bexar County, the Bexar County Commissioners Court and county officials. Paxton accused the county of using taxpayer dollars to fund the Immigration Legal Services program, which he alleged was unlawful.

 In November of last year, Paxton filed a lawsuit against Harris County after the approval of Item No. 25-6481, which allocated county funds to five private nonprofit organizations that provide legal support to immigrants.

In the Harris County case, Paxton argued that the county was violating the Texas Constitution’s Gift Clause, which states that public funds cannot be gifted to individuals or private organizations without a clear public benefit — claiming that this was a misuse of funds that provided no public purpose. 

Paxton appealed the denial of a preliminary injunction. This case is on a litigation track and set for December 2026.

Bexar County faces similar accusations from Paxton proceeding the passage of Item 102, which allocated county funds to American Gateways — a private nonprofit organization that, similarly to the Harris County nonprofits, provides legal support to immigrants facing deportation. 

Paxton argues that Item No. 102 is a violation of the Texas Constitution’s Gift Clause and that it “serves no public purpose and instead constitutes unconstitutional grants of public funds” in the petition. 

The state is now seeking a temporary restraining order, a temporary and permanent injunction to stop the funding under Item No. 102 and a declaration that funds under Item No. 102 and its related allocations violate the Texas Constitution.

Since the ILS program’s launch in 2024, Bexar County’s immigration legal defense funding has been debated, with county officials and the relevant nonprofit representatives arguing that the funds help protect due-process, reduce unnecessary detention and help prevent family separation. 

During the December 2025 renewal debate for the funding, those in favor focused on families, children and helping residents navigate immigration court proceedings. 

The Paisano requested a statement from Bexar County Commissioner Grant Moody in response to Paxton suing Bexar County for utilizing taxpayer dollars for immigration legal assistance . Moody provided the following statement.

“In December, I voted NO for the third time on authorizing the approval and execution of an amendment to an agreement for immigration legal services with American Gateways. Not only is this an egregious waste of taxpayer dollars, but during the discussion at Commissioners Court, it could not be clearly explained whether there are any limitations on who would be eligible to receive these services—including whether violent or repeat offenders could access the funding—which is completely unacceptable,” Moody stated. 

“Unfortunately, earlier this month we learned that the Attorney General’s Office filed a similar suit against Bexar County. The vast majority of San Antonians do not want their tax dollars spent defending violent or repeat offenders from deportation. It is a terrible policy and political malpractice. Now, not only are we wasting taxpayer money on this bad policy, but also on legal fees to defend it.”

All five county commissioners for San Antonio are being sued in their official capacity in this case.