Overview

• Led by California Attorney General Rob Bonta and New York Attorney General Letitia James, the states filed suit challenging DOJ’s new “Unallowable Costs” rule for VOCA, VAWA and related grants.
• The rule would bar use of award funds to provide legal services to removable or otherwise unlawfully present immigrants, with limited exceptions.
• Plaintiffs argue the condition unlawfully applies retroactively to already-awarded grants under the Spending Clause and is arbitrary and capricious under the Administrative Procedure Act.
• State officials warn mandated immigration screening could deny or chill access to services, with even lawful residents or citizens potentially turned away when they lack documents.
• California estimates at least $94 million in current funding is at risk, and the rule is set to take effect on Oct. 31 unless the court blocks it.