Washington among states suing DOJ to protect services for crime survivors

Washington and 19 other states are suing the U.S. Department of Justice (DOJ) to block new restrictions on federal funding that supports survivors of domestic violence and other violent crimes, jeopardizing potentially hundreds of thousands of dollars that were previously authorized for legal assistance services in Washington.

The lawsuit challenges a new 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 legal services to undocumented immigrants, or other individuals who cannot prove their status. Attorney General Nick Brown 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.

“The president wants to turn legal service providers who help victims of crimes into an extension of ICE,” Brown said. “This is illegal and against the will of Congress. I’m confident the court will see through his administration’s attempt to once again hold funding hostage for political reasons.”

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. 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 Oct. 31, 2025.

In Washington, that move by DOJ jeopardizes potentially hundreds of thousands of dollars in previously authorized Byrne JAG funds that had not yet been spent. The Washington State Department of Commerce directs those funds to subgrantees that provide a broad range of services, including legal assistance to survivors of domestic and sexual violence. An estimated 550 survivors in King, Clark, and Pierce counties are expected to receive legal services funded through Washington’s Byrne JAG award this year.

The coalition warns 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 legal services to families in crisis — a policy that would ultimately silence survivors. 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, Brown 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 Brown in today’s lawsuit, which was led by New York Attorney General Letitia James, Colorado Attorney General Phil Weiser, Illinois Attorney General Kwame Raoul, and Rhode Island Attorney General Peter Neronha, are the attorneys general of Arizona, California, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, and Wisconsin.

A copy of the complaint is available here.

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