Attorneys general sue DOJ over immigration-linked restrictions on victim service funding

Attorneys general sue DOJ over immigration-linked restrictions on victim service funding
Attorney General Letitia James — Official website
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New York Attorney General Letitia James has joined a coalition of 20 other state attorneys general in filing a lawsuit against the U.S. Department of Justice (DOJ). The suit seeks to prevent the DOJ from imposing new conditions on federal funding that supports services for survivors of violent crime.

The Victims of Crime Act (VOCA) provides over $1 billion in grants annually to states, enabling them to offer services such as medical care, counseling, emergency shelter, and compensation for lost wages to victims and their families. These funds are intended to help victims participate fully in the criminal justice process after experiencing a crime.

Attorney General James said, “The federal government is attempting to use crime victim funds as a bargaining chip to force states into doing its bidding on immigration enforcement. These grants were created to help survivors heal and recover, and we will fight to ensure they continue to serve that purpose. New Yorkers deserve a justice system that puts their safety first. We will not be bullied into abandoning any of our residents.”

VOCA was established by Congress more than four decades ago in response to concerns about how crime victims were treated within the justice system. The program is funded entirely through fines and penalties collected from federal criminal cases rather than taxpayer dollars. VOCA grants support various programs offering advocacy services, crisis counseling, sexual assault forensic exams, funeral expenses, and emergency housing.

In 2025 alone, nearly $1.4 billion in VOCA funding is available for distribution across states. According to the lawsuit filed by Attorney General James and her counterparts, under new DOJ rules these funds could be withheld from any state or subgrantee unless they allow Immigration and Customs Enforcement (ICE) unrestricted access to facilities, provide advance notice regarding individuals’ release dates, or comply with all civil immigration enforcement requests.

These requirements conflict with policies adopted by New York and several other states aimed at encouraging victims and witnesses—including those from immigrant communities—to report crimes without fear of deportation or retaliation related to immigration status.

James and the coalition argue that losing access to VOCA funds would undermine longstanding networks supporting survivors throughout New York State—where more than $212 million in VOCA funding is currently at risk—and nationwide. In New York alone, this money supports thousands each year by covering urgent needs like medical treatment after assaults or rape kits; cleaning up crime scenes; providing relocation assistance for safety; paying funeral costs; helping with transportation; and delivering long-term counseling.

The state’s network includes over 250 community-based organizations—some being the only providers in rural areas—offering hotlines for crises, domestic violence shelters, advocates who accompany survivors through court proceedings, as well as specialized support for children, older adults, and people with disabilities.

Attorney General James contends that DOJ’s actions present an untenable choice: either give up millions of dollars intended for vulnerable residents affected by violent crimes or alter public safety strategies by diverting local resources toward enforcing federal immigration law. She argues this undermines trust between law enforcement agencies and immigrant communities—a relationship seen as vital for reporting crimes and maintaining public safety.

According to James and fellow attorneys general involved in the lawsuit—which include representatives from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico Oregon Rhode Island Vermont Washington Wisconsin District of Columbia—the DOJ’s move violates constitutional principles such as separation of powers and federalism while exceeding statutory authority granted under VOCA.

They are seeking a court order preventing DOJ from applying these new conditions so that states can continue receiving federally allocated funds meant exclusively for supporting victims of crime.



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