Judge rules that Ken Paxton doesn’t have authority to sue Bexar Co. over Immigrant Legal Defense Fund

Earlier this month, Paxton filed a lawsuit against the program that launched more than a year ago to provide free legal assistance to immigrant families.

SAN ANTONIO — Bexar County celebrates a legal victory over a lawsuit filed by Texas Attorney General Ken Paxton.

Friday, a judge ruled Paxton does not have the authority to sue Bexar County over its Immigrant Legal Defense Fund, a program that launched more than a year ago to provide free legal assistance to immigrant families.

Earlier this month, Paxton filed a lawsuit saying the program violated the Texas Constitution.

Bexar County assistant district attorney Lisa Cubriel said, “The Texas Attorney General under our Texas Constitution has limited authority. The Texas Constitution clearly delineates what his authority is. In absent express constitutional authority or authority provided through the Texas Legislature, he doesn’t have the authority to just sure counties whenever he disagrees with their discretionary funding decisions.”

Friday’s ruling is a step toward dismissal of the lawsuit. But next Thursday, the attorney general’s office will have a chance to show cause why the lawsuit should continue.

Regardless, the county’s program is scheduled to end on the 28th.

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