New York Attorney General Letitia James has secured a resolution with the U.S. Department of Justice (DOJ) that will allow survivors of sexual assault, domestic violence, human trafficking, and other violent crimes to continue accessing critical support services. The agreement follows a lawsuit led by Attorney General James and joined by 20 other attorneys general, challenging new DOJ conditions that would have restricted access to Victims of Crime Act (VOCA) and Violence Against Women Act (VAWA) services for those unable to immediately prove their immigration status.
Attorney General James stated, “Attacking survivors is despicable, and I am relieved that the federal government has backed down from this dangerous policy. People seeking protection from violence deserve our support, not sabotage. I want survivors to know that they can continue to rely on our courts for safety and justice, and that my office will always do everything in its power to defend their rights.”
For many years, VAWA and VOCA programs have funded essential services such as legal representation for protective orders, child custody issues, housing assistance, relocation help, and civil legal aid for survivors. These programs also support rape crisis centers offering immediate assistance to victims of sexual assault. Congress intended these grants to be available regardless of immigration status so all victims could seek help without fear.
In October, the coalition filed suit after DOJ announced states could no longer use VAWA or VOCA funding for legal services benefiting undocumented immigrants. The policy was set to apply retroactively as well as moving forward. Attorneys general argued this would create serious obstacles for service providers who typically do not collect immigration documentation and warned it could deny needed services even to U.S. citizens lacking paperwork.
The DOJ has now agreed not to enforce the restriction on any current VOCA Victim Assistance or VAWA grant awards. As a result of this binding stipulation, Attorney General James and her colleagues are dismissing their lawsuit but retain the option to refile if similar restrictions are proposed again in the future. In New York alone, over one million survivors used VAWA- and VOCA-funded services last year.
Attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, Rhode Island Washington State and the District of Columbia joined Attorney General James in this effort.
