AG Jennings successfully defends services for sexual assault and domestic violence survivors

Attorney General Kathy Jennings last week secured an agreement with the U.S. Department of Justice (DOJ) ensuring that the agency will not restrict critical Victims of Crime Act (VOCA) and Violence Against Women Act (VAWA) services supporting survivors of sexual assault and domestic violence, including through the Delaware DOJ's Victims Compensation Assistance Program (VCAP).

Last month, Attorney General Jennings and a coalition of 20 other attorneys general sued DOJ over unlawful new conditions that threatened to cut off critical legal services for survivors who could not immediately prove their immigration status. As a result of the lawsuit, DOJ reversed course and today agreed to a binding resolution guaranteeing the federal government will not apply the restrictions to states' VOCA Victim Assistance and VAWA funds and ensuring that survivors can continue to rely on these crucial supports, regardless of immigration status.

"This result is a victory for both the rule of law and for survivors everywhere of domestic violence and human trafficking," said Attorney General Jennings. "These services had bipartisan support for decades before the Trump Administration put them in the crosshairs. Now, these funds can continue flowing to those who need them most."

For decades, the VAWA and VOCA programs have enabled states to support survivors of domestic violence, sexual assault, human trafficking, and other violent crimes. These grants fund services such as legal representation for protective orders, custody and visitation matters, child support, housing and relocation assistance, and civil legal assistance that helps survivors escape abuse and rebuild their lives. VAWA also funds rape crisis centers that provide urgent support to victims of sexual assault. Congress deliberately designed these programs to reach every eligible survivor, regardless of immigration status, because public safety depends on ensuring that all victims can seek help, report crimes, and rebuild their lives without fear.

In October, the coalition filed a lawsuit after DOJ informed states that they could no longer use VAWA or VOCA funding to provide legal services to certain undocumented immigrants-without basis in the text of either law. Delaware's VCAP does not collect immigration information from applicants. This new "Legal Services Condition" applied not only to future awards, but also to grants that had already been issued, some dating back years. The attorneys general warned that the restriction would impose severe burdens on service providers, who do not collect or verify immigration status, and that forcing survivors to produce proof of status before receiving help would be dangerous and potentially impossible.

As a result of the attorneys generals' lawsuit, DOJ has now agreed that the challenged restriction cannot and will not be applied to any current VOCA Victim Assistance or VAWA grant awards. Based on this binding stipulation, Attorney General Jennings and the coalition are voluntarily dismissing their lawsuit without prejudice, preserving the ability to refile if DOJ attempts to revive this unlawful restriction in the future.

In addition to Delaware, this lawsuit was filed by the attorneys general of Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Rhode Island, Washington, and the District of Columbia.

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