DOJ Retreats: States Win Back Power to Aid Immigrant Survivors of Abuse

In a quiet but consequential reversal, the U.S. Department of Justice has stepped back from a policy that would have barred nearly two dozen states from using federal funds to offer legal help to undocumented survivors of domestic violence and sexual assault.

The shift prompted nineteen states and Washington, D.C., to withdraw a lawsuit they had filed last month. Their challenge came after the department attempted to impose new restrictions on grant programs that traditionally support some of the most vulnerable victims of violent crime.

The conflict centered on federal funds tied to two cornerstone programs—the Violence Against Women Act and the Victims of Crime Act. States rely on these grants for everything from securing protective orders to helping survivors find safe housing, relocate, or cover medical and funeral costs. The proposed limits would have cut off access to these resources for immigrants without legal status.

State officials argued the move violated long-standing regulations that forbid tying victim services to immigration status. And for many, the policy felt like an attack on those already navigating fear, trauma, and instability.

New York’s attorney general, in a sharply worded statement, said the policy targeted survivors rather than helping them—an approach she called unacceptable.

While the Justice Department initially defended the broader authority to attach such restrictions to federal grants, it eventually conceded that the immigration-related limits could not be applied to the VAWA and VOCA programs under current regulations. Monday’s court filing formalized that retreat, ensuring the conditions will not affect the states’ ongoing grant awards.

The states, satisfied that existing funds are protected, have agreed to stand down. The legal battle ends—but the signal is unmistakable: the fight to safeguard support for victims, regardless of immigration status, is far from over.

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