Bexar County officials are asking a district court to dismiss Texas Attorney General Ken Paxton’s lawsuit over the county’s immigration legal services program, arguing the case is over because the remaining funds have been disbursed — an outcome the state had warned would end the case entirely.
In a motion filed Monday, county attorneys said the final payment tied to more than $556,000 allocated for legal representation for immigrants facing deportation has now been issued, removing the core dispute the case was built around.
In legal terms, the county argues that the case should be considered “moot” — meaning there is no longer an active dispute for a court to resolve and any ruling would have no real world effect. Because the funds have already been distributed, the county says the courts may no longer be able to decide whether the program itself violates the law.
That possibility has been at the center of the case for weeks.
When the case was first brought in district court, the attorney general’s office sought a temporary restraining order to block the release of the funds. Instead, the court first considered Bexar County’s request requiring the attorney general to show legal authority to bring the lawsuit.
Judge Mary Lou Alvarez of the 45th Civil District Court ruled the attorney general’s office did not have that authority, prompting the state to seek emergency relief from higher courts.
The attorney general’s office filed a emergency petition with the Austin-based 15th Court of Appeals asking judges to restore its ability to pursue the case and to block the payment. When the court did not block the payment, the state filed a second emergency appeal to block the funding with the Texas Supreme court.
In the filing, the state warned the case would effectively collapse if the funds were released.
“Once this payment is made, there is nothing left to enjoin and this case will be over,” the state wrote. “No court will ever reach the merits of the State’s claim that Bexar County’s Immigrant Legal Services Fund program violates the Gift Clause of the Texas Constitution.”
The Texas Supreme Court has not taken up the petition as of publication.
Reached for comment, the Bexar County District Attorney’s Civil Division said the case is no longer viable because the contract has concluded and all funds have been disbursed.
“The Attorney General’s claims are not viable because they are moot,” the statement reads. “The Court no longer has subject-matter jurisdiction over the dispute. There is no longer a live controversy between the parties.”
Paxton filed the lawsuit in early February, arguing the county’s program violates the Texas Constitution’s Gift Clause, which limits how public funds can be used. The program contracts with the nonprofit American Gateways to provide legal services to low-income residents facing federal deportation proceedings.
The Civil Division also said the program was developed to serve a public purpose by supporting children and low-income residents facing immigration proceedings.
County filings also pointed to a separate ruling involving Harris County, where the 15th Court of Appeals declined to block a similar legal services program, finding the state had not shown it violated the constitution.
That case is currently pending appeal before the Texas Supreme Court.
The San Antonio Report reached out to the Texas Attorney General’s Office for comment but had not received a response by publication time.
The case is still scheduled for a hearing Friday, March 20, in Bexar County’s presiding civil district court, where a judge is expected to consider arguments related to jurisdiction and the motion to dismiss.
This is a developing story. Updates will be provided as they become available.
