AG Jennings sues U.S. DOJ to challenge new restrictions on federal funding for crime survivors

Attorney General Kathy Jennings has joined a coalition of 21 attorneys general in filing a lawsuit against the U.S. Department of Justice (DOJ) to block new restrictions on federal funding that supports survivors of domestic violence and other violent crimes. The lawsuit, filed in U.S. District Court in the District of Rhode Island, challenges a rule barring states from using Victims of Crime Act (VOCA), Byrne Justice Assistance Grants (Byrne JAG), and Violence Against Women Act (VAWA) grant funds to provide services to undocumented immigrants, or other individuals who cannot prove their status. Attorney General Jennings and the coalition argue that the new policy is unconstitutional and are asking the court to stop the rule from taking effect in their states.

"The illegal conditions being imposed on this congressionally-allocated aid would do untold harm to survivors of human trafficking and domestic violence, among countless others," said Attorney General Kathy Jennings. "That cannot happen. As Delaware's Attorney General, my job is to protect the public - and that's what I intend to do in filing this suit."

For decades, the VOCA and VAWA grant programs have enabled states to support survivors of domestic violence, sexual assault, human trafficking, and other violent crimes. The grants help fund services such as legal representation in family court, relocation and housing assistance, compensation for medical bills and funeral costs, and other civil legal services. Byrne JAG grants provide additional resources to state and local governments for criminal justice initiatives, including - in some states - support for public defenders. In their lawsuit, the attorneys general emphasize that all three programs have long been available to all eligible individuals, regardless of immigration status.

Last month, DOJ informed states that they could no longer use VOCA, VAWA, or Byrne JAG funds to provide legal services to undocumented immigrants. The new "Legal Services Condition" applies not only to future funding but also to grants already awarded, and is scheduled to take effect on October 31, 2025.

Attorney General Jennings and the coalition warn that the new restrictions will upend victim services programs, cut off critical resources, and discourage survivors from seeking help. If service providers have to screen victims' or witnesses' immigration status, they could be forced to deny protection to families in crisis - a policy that would ultimately silence survivors and erode trust between communities and law enforcement. The attorneys general also highlight the fact that many service providers do not have the capacity or resources necessary to enact such screening processes.

In Delaware, these restrictions could have detrimental effects on public safety. Victim advocate organizations, essential to the integrity of the Justice system, would be required to interrogate victims about immigration status before offering needed legal representation using VOCA funds. Imposing these measures, particularly as a threshold question before agreeing to assist them, is harmful to those individuals and to their trust in our criminal justice system. It will dissuade some victims and witnesses from coming forward-whether to report crime to law enforcement or to seek victim service in the first place.

In today's lawsuit, the coalition argues that the DOJ's new restrictions violate the Constitution's Spending Clause by attaching retroactive and ambiguous conditions to grants that were already awarded, in some cases, years ago. The attorneys general also assert that the DOJ acted in violation of the Administrative Procedure Act by failing to justify its reversal of decades-long policy and by ignoring the harm the rule will cause to survivors and service providers.

Joining Attorney General Jennings in the lawsuit are the attorneys general of New York Attorney General Letitia James, Colorado Attorney General Phil Weiser, Illinois Attorney General Kwame Raoul, and Rhode Island Attorney General Peter Neronha, Arizona, California, Connecticut, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

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