New York Attorney General Letitia James is leading a group of 20 attorneys general in a lawsuit against the U.S. Department of Justice (DOJ) over new restrictions on federal funding for services to survivors of domestic violence, sexual assault, and other violent crimes. The coalition is challenging a DOJ rule that prevents states from offering critical support to survivors who cannot immediately provide proof of their immigration status.
The legal action follows recent remarks by the president that downplayed the seriousness of domestic violence and questioned whether it should be considered a crime in the home. According to Attorney General James and her colleagues, these new requirements could discourage victims from seeking help and reverse progress made in supporting survivors.
“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 states with resources for survivor support regardless of immigration status. These grants fund services like legal representation in family court, housing assistance, compensation for medical expenses, funeral costs, and rape crisis centers.
Recently, DOJ informed states that VOCA, VAWA, or Byrne Justice Assistance Grants funds could no longer be used for legal services for undocumented immigrants. This “Legal Services Condition” will apply retroactively to some grants already awarded and is set to take effect on October 31, 2025.
State officials warn that service providers may lack systems for verifying immigration status and that requiring documentation could deny urgent protection to vulnerable families or even lawful residents unable to immediately produce paperwork after abuse.
In New York alone, more than one million people received VOCA or VAWA-funded services in 2024—more than any other category of victim support—which included family law representation and help securing protective orders.
Between 2018 and 2022, at least 613 New Yorkers died due to domestic violence.
The lawsuit argues that DOJ’s new conditions violate the U.S. Constitution’s Spending Clause by attaching unclear requirements retroactively to existing grants. It also claims violations under the Administrative Procedure Act because DOJ did not explain its policy reversal or consider harm to victims.
Attorney General James emphasized that eligibility for victim services under VOCA and VAWA was intended by Congress not to depend on immigration status.
“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,” said New York State Division of Criminal Justice Services Commissioner Rossana Rosado. “These funds help save lives and support survivors who are rebuilding their lives, from housing assistance to legal representation to counseling services. 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.”
“Every survivor deserves care and support, regardless of who they are or where they come from,” said New York State Office of Victim Services Director Bea Hanson. “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.”
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,Wisconsin,and Washington D.C., joined James in filing the lawsuit.
