Attorney General James Successfully Defends Critical Services for Sexual Assault and Domestic Violence Survivors 

Following AG James’ Lawsuit, DOJ Agrees to Drop Dangerous Restrictions on Key Grant Programs 

NEW YORK – New York Attorney General Letitia James today secured a major victory for survivors of sexual assault, domestic violence, human trafficking, and other violent crimes after the U.S. Department of Justice (DOJ) formally agreed to remove dangerous restrictions limiting access to critical Victims of Crime Act (VOCA) and Violence Against Women Act (VAWA) services. Last month, Attorney General James led a coalition of 20 other attorneys general in suing DOJ over unlawful new conditions that threatened to cut off critical legal services for survivors who could not immediately prove their immigration status. As a result of the lawsuit, DOJ reversed course and today agreed to a binding resolution guaranteeing the federal government will not apply the restrictions to states’ VOCA Victim Assistance and VAWA funds and ensuring that survivors can continue to rely on these crucial supports, regardless of immigration status. 

“Attacking survivors is despicable, and I am relieved that the federal government has backed down from this dangerous policy,” said Attorney General James. “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 decades, the VAWA and VOCA programs have enabled states to support survivors of domestic violence, sexual assault, human trafficking, and other violent crimes. These grants fund services such as legal representation for protective orders, custody and visitation matters, child support, housing and relocation assistance, and civil legal assistance that helps survivors escape abuse and rebuild their lives. VAWA also funds rape crisis centers that provide urgent support to victims of sexual assault. Congress deliberately designed these programs to reach every eligible survivor, regardless of immigration status, because public safety depends on ensuring that all victims can seek help, report crimes, and rebuild their lives without fear. 

In October, Attorney General James and the coalition filed a lawsuit after DOJ informed states that they could no longer use VAWA or VOCA funding to provide legal services to undocumented immigrants. The new “Legal Services Condition” applied not only to future awards, but also to grants that had already been issued, some dating back years. The attorneys general warned that the restriction would impose severe burdens on service providers, who do not collect or verify immigration status, and that forcing survivors to produce proof of status before receiving help would be dangerous and potentially impossible. They also emphasized that many survivors fleeing abuse lack access to documentation of any kind, meaning the policy risked unlawfully denying services even to U.S. citizens. 

As a result of Attorney General James’ lawsuit, DOJ has now agreed that the challenged restriction cannot and will not be applied to any current VOCA Victim Assistance or VAWA grant awards. Based on this binding stipulation, Attorney General James and the coalition are voluntarily dismissing their lawsuit without prejudice, preserving the ability to refile if DOJ attempts to revive this unlawful restriction in the future. In New York, this agreement protects a crucial lifeline for more than one million survivors and their families who relied on VAWA- and VOCA-funded services last year. 

Joining Attorney General James in this matter are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, Rhode Island, Washington, and the District of Columbia.