Attorney General Dan Rayfield and 19 other attorneys general filed a lawsuit today 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 certain services to undocumented immigrants, or other individuals who cannot prove their status. Attorney General Rayfield 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.
“When someone survives abuse or violence, the last thing they should have to worry about is proving their immigration status before getting help,” said Attorney General Dan Rayfield. “These grants were designed to make sure survivors can find safety, rebuild their lives, and work with law enforcement if they choose—not to create more barriers. Cutting off services doesn’t just hurt families in crisis, it undermines trust in our justice system.”
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 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.
Note: this is separate from a previous lawsuit involving VOCA grants, filed by Oregon and other states in August. That lawsuit challenged immigration enforcement language intended to apply to new VOCA grants that would violate Oregon Sanctuary Laws.
Attorney General Rayfield 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 today’s lawsuit, Attorney General Rayfield and the coalition argue that 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 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 Rayfield in the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Vermont, Washington, and Wisconsin.
