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After States Sue, DOJ Drops Immigration Condition on $1.3 Billion in VOCA Grants

The broader rule limiting use of VAWA and Byrne JAG funds remains contested in federal court ahead of its Oct. 31 start date.

Overview

  • California and other attorneys general said the administration abandoned plans to tie VOCA funding to immigration-related limits on legal services following their multistate lawsuit.
  • A coalition of 20 states and the District of Columbia filed suit in the U.S. District Court for the District of Rhode Island to block DOJ’s new “Legal Services” condition.
  • DOJ had notified states they could not use VOCA, VAWA or Byrne JAG funds for legal services to “removable” or otherwise unlawfully present immigrants, applying the rule retroactively.
  • Plaintiffs argue the condition violates the Constitution’s Spending Clause, conflicts with VOCA/VAWA regulations, and is arbitrary and capricious under the Administrative Procedure Act.
  • Advocates warn mandatory immigration-status screening would deter survivors from seeking help and could wrongly deny services even to citizens and lawful residents without documents.