This story has been updated.

The suit challenges a Dec. 16 vote by commissioners to approve an additional $566,181 for the county’s Immigration Legal Service Fund, which provides legal representation for immigrants facing federal deportation proceedings.

The funding was allocated to American Gateways, a nonprofit legal services organization, that provides free or low-cost, culturally sensitive immigration legal services to low-income immigrants, refugees, and survivors of persecution, torture, and human trafficking.

In the filing, the state argues the spending violates the Texas Constitution’s “Gift Clause,” which prohibits local governments from granting public funds to private entities without a clear public benefit. The lawsuit claims deportation proceedings are civil matters — not criminal — and that individuals are not entitled to government-funded legal representation.

“Leftists in Bexar County have no authority to use taxpayer dollars to fund their radical, criminal-loving agenda,” said Paxton. “State funds cannot underwrite deportation-defense services for individuals unlawfully present in the country. This use of hardworking Texans’ dollars is a flagrant violation of state law and the Texas Constitution.”

The state is seeking a temporary restraining order and permanent injunction to halt any further payments under the program and block the county from renewing or entering similar contracts

Named defendants include Bexar County Judge Peter Sakai, all four county commissioners and James “Jim”  Bethke, executive director of the county’s Managed Assigned Counsel Office, which administers the immigration legal services program.

Bethke is also currently running in the crowded Democratic primary for Bexar County district attorney. His campaign recently received an endorsement from the Texas Organizing Project, a progressive group active in criminal justice reform efforts across the state.

In response to the lawsuit, Bexar County Public Information Officer Monica Ramos said the county does not comment on pending litigation.

Precinct 3 Commissioner Grant Moody — the lone Republican on Commissioners Court — was the only commissioner to vote against funding the program.

Moody said he had warned his colleagues the policy would lead to legal challenges.

“I’ve voted against this three times as it’s come before the court over the past year and a half,” Moody said. “I told my colleagues in December this was going to happen — a lawsuit was going to happen — and here we are. Now not only are we wasting taxpayer dollars on a bad policy, but on legal fees trying to defend that bad policy.”

Moody reiterated concerns he said he previously raised about the lack of restrictions on who could receive services under the program.

“I believe it’s a terrible policy and that the vast majority of Bexar County residents don’t want their tax dollars defending repeat or violent offenders from deportation,” he said. “As we laid out in court in December, it has no limitations on eligibility and who can participate. No guardrails. And it’s completely unacceptable. It’s political malpractice.”

He added that he believes the program undermines public safety, citing what he described as a lack of transparency and oversight.

“When we ask for some basic nonconfidential, non-privileged information to provide oversight to the program, we’re being denied,” Moody said. “That’s unacceptable, and we’re going to get to the bottom of it.”

As a named defendant, Moody said he was unable to comment on the merits of the lawsuit.

Precinct 2 Commissioner Justin Rodriguez deferred his response to the county. The San Antonio Report has reached out for comment from all other defendants named in the suit but had not received responses at the time of publication.