Michigan Attorney General Dana Nessel on Monday secured an agreement with the U.S. Department of Justice (DOJ) ensuring DOJ will not apply alarming restrictions to critical Victims of Crime Act (VOCA) and Violence Against Women Act (VAWA) services supporting survivors of sexual assault and domestic violence. Last month, Nessel and a coalition of 20 other attorneys general sued 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.
“Crime victims, regardless of their immigration status, deserve support, and I am relieved that our lawsuit forced the Trump Administration to stop its illegal attempt to cut off legal services for survivors," Nessel said. "One of the top priorities for my office and the Department of Justice must always be to stand with and empower crime victims, and this agreement ensures the federal government cannot use unlawful restrictions to deny them the help they need to heal and rebuild their lives.”
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, 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.
As a result of the attorneys general’s 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 Nessel 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.
Joining Nessel in this stipulation are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Rhode Island, Washington, and the District of Columbia.
“Crime victims, regardless of their immigration status, deserve support, and I am relieved that our lawsuit forced the Trump Administration to stop its illegal attempt to cut off legal services for survivors," Nessel said. "One of the top priorities for my office and the Department of Justice must always be to stand with and empower crime victims, and this agreement ensures the federal government cannot use unlawful restrictions to deny them the help they need to heal and rebuild their lives.”
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, 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.
As a result of the attorneys general’s 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 Nessel 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.
Joining Nessel in this stipulation are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Rhode Island, Washington, and the District of Columbia.
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