Trump Administration Backs Down on Withholding Funds From Undocumented Survivors of Sexual Assault and Violence

Massachusetts Attorney General Andrea Joy Campbell has secured an agreement with the U.S. Department of Justice that prevents the federal government from enforcing restrictions on Victims of Crime Act and Violence Against Women Act services. The decision ensures that sexual assault and domestic violence survivors can continue accessing legal and safety services regardless of immigration status. The agreement emerged after Campbell and a coalition of 20 attorneys general filed suit last month challenging a DOJ rule that would have blocked support for undocumented survivors. DOJ has now committed to a binding resolution confirming that the restrictions will not apply to states’ VOCA Victim Assistance and VAWA funds.

For decades, VAWA and VOCA have been the backbone of state-level support for survivors of rape, trafficking, domestic violence, and other violent crimes. They fund legal aid for protective orders, custody and visitation matters, relocation assistance, child support, and other civil legal help that allows survivors to escape abusive situations. VAWA grants also sustain rape crisis centers and programs that provide immediate care for survivors of sexual assault. These services were intentionally designed to be accessible to all eligible survivors without regard to immigration status because public safety depends on every victim being able to seek help, report abuse, and rebuild their lives. The DOJ’s recent interpretation would have required service providers to verify immigration status, an approach that would have disrupted existing grants, retraumatized victims, and forced service organizations to operate under rules they are not equipped to implement.

The DOJ’s withdrawn “Legal Services Condition” would have applied not just to future grants but to funding already in circulation, including awards issued years earlier. Legal advocates across the country warned that the rule would be unworkable and dangerous, especially for survivors who cannot produce immigration documentation. Providers routinely avoid immigration inquiries in order to prevent retraumatization and to protect victims who may fear retaliation. The coalition of attorneys general argued that the condition violated Congress’s intent in creating VAWA and VOCA and unlawfully restricted states from deploying funds as already authorized.

After being confronted with the lawsuit, DOJ agreed that the restriction cannot and will not be enforced against any current VOCA Victim Assistance or VAWA awards. On the basis of the binding stipulation, the coalition is voluntarily dismissing the case without prejudice, preserving the option to refile if the federal government reintroduces the policy in the future. The outcome maintains uninterrupted access to legal resources for survivors and prevents states from being forced to deny services based on immigration status.

This agreement follows another legal victory against DOJ in a separate challenge concerning nearly $1.4 billion in VOCA Victim Compensation and Victim Assistance funds. In that case, the coalition, led by Campbell and other attorneys general, compelled the federal government to abandon additional unlawful conditions that threatened access to critical support. The recent resolution ensures that survivors continue to receive the protections envisioned by federal law and reaffirms the long-standing principle that support should reach all victims of violent crime, not only those able to produce immigration papers.

IF YOU NEED A LAWYER CONTACT US