New York Attorney General Letitia James has filed a lawsuit, joined by attorneys general from 20 other states and the District of Columbia, to stop new federal restrictions on funding for services that support survivors of domestic violence, sexual assault, and other violent crimes. The coalition is challenging a rule issued by the U.S. Department of Justice (DOJ) that would prevent states from using federal funds to help survivors who cannot immediately prove their immigration status.
The lawsuit follows recent comments from the president that appeared to downplay the seriousness of domestic violence and questioned whether it should be considered a crime. According to Attorney General James and her counterparts, these new rules threaten decades of progress in protecting victims and could silence survivors who need assistance.
“Sexual assault and domestic violence survivors turn to our courts for safety and protection. They should never be turned away because of who they are or where they come from,” said Attorney General James. “With this cruel attempt to dictate which survivors deserve access to legal supports, DOJ is endangering families, silencing survivors, and threatening public safety. I will not stand idly by while the federal government unjustly attacks people seeking protection from violence. We are asking the court to block this illegal rule before it takes effect, immeasurably harming survivors.”
Federal programs such as the Violence Against Women Act (VAWA) and Victims of Crime Act (VOCA) have long provided support for victims regardless of immigration status. These grants fund services like legal representation in family court cases involving protective orders or child custody, housing assistance, compensation for medical expenses related to abuse, and rape crisis centers.
However, earlier this month DOJ notified states that VOCA, VAWA, or Byrne Justice Assistance Grants could no longer be used for legal services for undocumented immigrants. This “Legal Services Condition” applies both prospectively and retroactively—including existing grants dating back several years—and is scheduled to take effect on October 31, 2025.
The attorneys general argue that enforcing these restrictions will disrupt established victim service programs across states. Service providers often lack procedures or capacity to check immigration status at intake; requiring documentation may deny help when it’s most needed or discourage victims from coming forward out of fear or inability to provide paperwork—especially since abusers sometimes withhold documents as a form of control.
In New York alone during 2024, over one million people received services funded by VOCA or VAWA—more than any other type of victim support in the state—which included family law representation and help obtaining protective orders.
Between 2018 and 2022 at least 613 New Yorkers died due to domestic violence.
Attorney General James contends that DOJ’s move violates the U.S. Constitution’s Spending Clause by imposing new conditions retroactively on previously awarded grants without explanation—a potential violation also under the Administrative Procedure Act due to lack of notice or consideration for how changes harm survivors. The rule further conflicts with existing regulations stating eligibility cannot depend on immigration status.
The coalition asks the court for an immediate injunction blocking DOJ’s action so critical survivor services can continue without interruption.
Rossana Rosado, Commissioner at New York State Division of Criminal Justice Services said: “Several federal grants administered by DCJS and our state agency partners help providers across New York state deliver critical services to survivors of domestic violence, sexual assault, and other serious crimes…We remain committed to making these resources available to every survivor, regardless of immigration status, because safety and justice should never depend on where someone was born.”
Bea Hanson, Director at New York State Office of Victim Services added: “Every survivor deserves care and support, regardless of who they are or where they come from…OVS will always stand with victims to make sure help is available when they need it most, and we thank Attorney General James for defending that principle through this decisive action.”
States joining New York in this lawsuit include Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico Oregon Vermont Rhode Island Washington Wisconsin as well as the District of Columbia.
