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DOJ Backs Off Immigration Limits on VOCA, VAWA Grants After States Sue

States dismissed their lawsuit without prejudice, keeping the option to refile if the restriction returns.

The crest of the United States Department of Justice (DOJ) is seen at their headquarters in Washington, D.C., U.S., May 10, 2021. REUTERS/Andrew Kelly

Overview

  • The Justice Department entered a binding stipulation that its new “Legal Services Condition” will not apply to current VOCA Victim Assistance and VAWA awards.
  • Nineteen states and the District of Columbia then voluntarily dismissed their Rhode Island suit without prejudice, preserving the ability to refile.
  • The department had told states in August that grants could not cover legal services for immigrants unlawfully present in the United States.
  • VOCA and VAWA funds support legal help for protective orders, custody and housing, as well as shelters and crisis services, with California citing more than $160 million this year.
  • DOJ continued to defend its broader authority to impose grant conditions, leaving unresolved questions about future policies beyond these programs.