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20 States and D.C. Sue DOJ to Block New Limit on Victim-Service Legal Aid for Undocumented Immigrants

Plaintiffs say the retroactive rule would force immigration screening that deters victims from seeking help.

Overview

  • The multistate coalition filed in U.S. District Court in Rhode Island seeking to stop the Justice Department’s new Legal Services condition before its Oct. 31 effective date.
  • DOJ’s policy bars use of VOCA, VAWA and Byrne JAG funds for legal services to any “removable” or otherwise unlawfully present immigrant, with limited exceptions.
  • The suit alleges Spending Clause violations for attaching retroactive, ambiguous terms to existing awards and claims the rule is arbitrary and capricious under the Administrative Procedure Act.
  • States and providers warn required status checks could wrongly deny assistance to lawful residents or citizens who lack documents and impose screening burdens many programs cannot perform.
  • California estimates at least $94 million in current funding is at risk; DOJ did not immediately comment, and a spokesperson said responses are limited during the federal shutdown.