Attorney General James Leads Lawsuit Defending Critical Services for Sexual Assault and Domestic Violence Survivors

October 1, 2025

NEW YORK - New York Attorney General Letitia James today led a coalition of 20 other attorneys general in suing to block unlawful new restrictions on federal funding that supports survivors of domestic violence, sexual assault, and other violent crimes. The attorneys general are challenging a rule issued by the U.S. Department of Justice (DOJ) that bars states from providing critical services to survivors who cannot immediately prove their immigration status. The lawsuit comes just weeks after comments from the president minimizing the severity of domestic violence and suggesting that violence in the home should not be considered a crime. Attorney General James and the coalition argue that the new restrictions risk silencing survivors and eroding decades of progress in protecting victims of violence and are asking the court to protect survivors by blocking the rule before it can take effect.

"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," said Attorney General James. "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."

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 in family court 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 to ensure fair and timely proceedings. All of the 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.

This month, however, 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 attorneys general warn that the new restrictions will upend long-established victim services programs, cut off critical resources, and silence survivors when they need protection the most. These restrictions will place an enormous strain on service providers who do not currently have the capacity or procedures in place to screen victims' or witnesses' immigration statuses. This will deny protection to some of the most vulnerable families, discourage survivors from reporting abuse, and erode trust between victims and law enforcement.

Attorney General James and the coalition also highlight the particular challenge this will pose for survivors of domestic violence. People fleeing abusive households often do not physically have the legal documents needed to demonstrate immigration status. Abusers will frequently restrict a victim's access to important legal documents as a means of control and as a tactic to prevent them from escaping the dangerous situation. When survivors present to VOCA or VAWA service providers, they are in acute need of services. It would be dangerous and, in some cases, impossible, to require these survivors to gather and present legal documentation proving their immigration status before providing assistance. As a result of the new DOJ mandate, even lawful residents and U.S. citizens could be shut out from urgently needed services if they cannot immediately produce paperwork in the aftermath of abuse.

In New York, VOCA funding is a lifeline for survivors and their families. In 2024, more than 1,000,000 New Yorkers received VOCA or VAWA-funded services, more than in any other category of victim support. These services included, among other things, representation in family law matters, assistance securing protective orders, and help preparing victim impact statements. The DOJ's new restrictions would jeopardize these programs and leave survivors without the protections they need to escape violence, protect their children, and begin to rebuild their lives.

Between 2018 and 2022, at least 613 New Yorkers lost their lives to domestic violence.

In the lawsuit, Attorney General James and the coalition argue that DOJ's new restrictions violate the U.S. 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 provide any explanation for reversing decades of policy, ignoring the reliance interests of states and service providers, and failing to consider the devastating harm to survivors. 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.

Attorney General James and the coalition are asking the court to immediately block 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.

"Several federal grants administered by DCJS and our state agency partners help providers across New York state deliver critical services to survivors of domestic violence, sexual assault, and other serious crimes," said New York State Division of Criminal Justice Services Commissioner Rossana Rosado. "These funds help save lives and support survivors who are rebuilding their lives, from housing assistance to legal representation to counseling services. We remain committed to making these resources available to every survivor, regardless of immigration status, because safety and justice should never depend on where someone was born."

"Every survivor deserves care and support, regardless of who they are or where they come from," said New York State Office of Victim Services Director Bea Hanson. "OVS will always stand with victims to make sure help is available when they need it most, and we thank Attorney General James for defending that principle through this decisive action."

Joining Attorney General James in filing this lawsuit 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, Wisconsin, and the District of Columbia.