New York v. Department of Justice
AGs sue the Department of Justice for illegally withholding legal grant funds because these funds might allegedly be used to help undocumented people secure legal services.
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- Date Filed Oct 1, 2025
- Litigation Status Case Pending: No decision yet on harmful policy
On October 1, 2025, New York Attorney General Letitia James, Colorado Attorney General Phil Weiser, Illinois Attorney General Kwame Raoul, and Rhode Island Attorney General Peter Neronha co-led a coalition of 21 attorneys general in filing a lawsuit against the Department of Justice (DOJ) to block new restrictions on federal funding for survivors of domestic violence and other violent crimes. For decades, the Violence Against Women Act (VAWA) and Victims of Crime Act (VOCA) programs have enabled states to support survivors of domestic violence, sexual assault, human trafficking, and other violent crimes. VAWA and VOCA grants fund services such as legal representation for protective orders, custody, visitation, and child support; relocation and housing assistance; compensation for medical bills and funeral costs; and other civil legal services that help survivors escape abuse and rebuild their lives. VAWA also funds rape crisis centers for victims of sexual assault. A third program, Byrne Justice Assistance Grants (Byrne JAG), provides funding to support state and local governments’ criminal justice initiatives and, in some states, funds public defenders’ offices. All of these grant programs were deliberately designed to reach every person eligible, regardless of immigration status, because Congress recognized that public safety depends on every person’s ability to seek help and report crimes without fear.
In September 2025, the DOJ informed states that they could no longer use VOCA, VAWA, or Byrne JAG funds to provide legal services to immigrants without documentation. The new “Legal Services Condition” applies not only to future funding, but also retroactively to grants already awarded—some dating back years—and is scheduled to take effect on October 31, 2025.
The attorney general coalition warns that these new restrictions will disrupt victim services programs, cut off critical resources, and discourage survivors from seeking help. If service providers have to screen victims’ or witnesses based on immigration status, they could be forced to deny protection to families in crisis. The coalition argues that this could silence survivors and erode trust between attorneys and law enforcement. The attorneys general also highlight that many service providers do not have the capacity or resources necessary to perform such screenings.
The coalition argues that these new conditions violate the U.S. Constitution’s Spending Clause by attaching retroactive and ambiguous conditions to grants that were already awarded — years ago, in some cases. The attorneys general also assert that DOJ violated the Administrative Procedure Act by failing to provide any explanation for reversing decades of policy and failing to consider the devastating harm to survivors of sexual assault and other crimes. The new rule also directly conflicts with VOCA and VAWA regulations, which make clear that eligibility for victim services cannot be dependent on immigration status.
The coalition is asking the court to immediately block the DOJ’s unlawful action; preserve critical services for survivors of sexual assault, domestic violence, and other violent crimes; and affirm that no victim should be denied protection because of who they are or where they were born.
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. 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. Attorney General Letitia James
Case Details
AG Posture
PlaintiffPlaintiffs
- New York
- Colorado
- Illinois
- Rhode Island
- California
- District of Columbia
- Connecticut
- Delaware
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Jersey
- New Mexico
- Oregon
- Vermont
- Washington
- Wisconsin
- Arizona