20 states and DC sue DOJ to stop immigration requirements on victim funds

A coalition of attorneys general from 20 states and Washington, D.C., is asking a federal judge to stop the U.S. Department of Justice from withholding federal funds earmarked for crime victims if states don’t cooperate with the Trump administration’s immigration enforcement efforts.

The lawsuit filed Monday in Rhode Island federal court seeks to block the Justice Department from enforcing conditions that would cut funding to a state or subgrantee if it refuses to honor civil immigration enforcement requests, denies Immigration and Customs Enforcement officers access to facilities or fails to provide advance notice of release dates of individuals possibly wanted by ICE because of their immigration status.

The lawsuit asks that the conditions be thrown out, arguing that the administration and the agency are overstepping their constitutional and administrative authority.

The lawsuit also argues that the requirements are not permitted or outlined in the Victims of Crime Act, known as VOCA, and would interfere with policies created to ensure victims and witnesses report crimes without fear of deportation.

“These people did not ask for this status as a crime victim. They don’t break down neatly across partisan lines, but they share one common trait, which is that they’ve suffered an unimaginable trauma,” New Jersey Attorney General Matthew J. Platkin said during a video news conference Monday, calling the administration’s threat to withhold funds “the most heinous act” he’s seen in politics.

The federal conditions were placed on VOCA funding, which provides more than a billion dollars annually to states for victims compensation programs and grants that fund victims assistance organizations. VOCA funding comes entirely from fines and penalties in federal court cases, not from tax dollars.

Every state and territory has a victims compensation program that follows federal guidelines, but largely is set up under state law to provide financial help to crime victims, including medical expense reimbursement, paying for crime scene cleanup, counseling or helping with funeral costs for homicide victims. VOCA covers the cost of about 75% of state compensation program awards.

The funds are also used to pay for other services, including testing rape kits, funding grants to domestic violence recovery organizations, trauma recovery centers and more.

Advocates and others argue that the system needs to protect victims regardless of their immigration status and ensure that reporting a crime does not lead to deportation threats. They also say that marginalized communities, such as newly arrived immigrants, are more likely to be crime targets.

“The federal government is attempting to use crime victim funds as a bargaining chip to force states into doing its bidding on immigration enforcement,” New York Attorney General Letitia James, who also joined the lawsuit, said in a statement Monday. “These grants were created to help survivors heal and recover, and we will fight to ensure they continue to serve that purpose … We will not be bullied into abandoning any of our residents.”

The Associated Press left a message seeking comment from a DOJ spokesperson Monday afternoon.

President Donald Trump’s administration has sought to withhold or pull back other federal funding or grant funding midstream, saying awardees and programs no longer agree with its priorities. In April, it cancelled about $800 million in DOJ grants, some of which were awarded to victims service and survivor organizations.

And in June, states filed a lawsuit over added requirements in Violence Against Women Act funding that mandated applicants agree not to promote “gender ideology,” or run diversity, equity and inclusion programs or prioritize people in the country illegally.

Several attorneys general said the VOCA conditions appear to be another way the administration is targeting so-called sanctuary jurisdictions that limit cooperation with federal immigration authorities, though there is no clear definition of what a sanctuary state or city is.

The Trump administration earlier this month released an updated list of states, cities and counties it considers sanctuary jurisdictions. U.S. Attorney General Pam Bondi said in the August announcement that the department would “continue bringing litigation against sanctuary jurisdictions and work closely with the Department of Homeland Security to eradicate these harmful policies around the country.”

As of Monday afternoon attorneys general from California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin — all Democrats — had signed on to the lawsuit.