New York Attorney General Letitia James, bolstered by a coalition of 20 other attorneys general, has initiated a lawsuit against the U.S. Department of Justice (DOJ), seeking to stop the department from tying federal funding for crime victims to compliance with federal immigration enforcement. The funding in question comes from the Victims of Crime Act (VOCA), which provides over a billion dollars in grants annually to aid survivors of crime, offering essential services like medical care and counseling, and these grants have been a cornerstone for approximately 10 million victims per year, according to a press release from the Attorney General's Office.
The DOJ's new stipulations demand states to grant Immigration and Customs Enforcement (ICE) unobstructed access to facilities, notify them in advance of release dates, or honor all civil immigration enforcement requests, which New York and several states oppose, as they breach sanctuary policies put in place to shield victims and witnesses from the threat of deportation.
Loss of VOCA funds would severely strain or potentially dismantle victim services programs long-established by states, which include covering survivors' medical bills, funeral costs, and lost wages, and providing support systems such as counseling, shelters, and legal advocacy, "The federal government is attempting to use crime victim funds as a bargaining chip to force states into doing its bidding on immigration enforcement," Attorney General James stated, as referenced in the press release from the Attorney General's Office. Without this funding, those recovering from violence and trauma would be left without necessary resources, damaging public trust in law enforcement especially within immigrant and vulnerable communities.
In New York alone, more than $212 million in VOCA funds are at risk; these funds are vital, they cover urgent needs like medical care and rape kits, crime scene clean-up, relocation for safety, funerals and burials, courtroom transportation, along with long-term counseling—a stark reminder of what could be lost if states succumb to DOJ's enforcement conditions, creating a rift between immigrant communities and legal systems, hindering the pursuit of justice and protection from crime.
Citing constitutional concerns, the lawsuit argues that imposing such conditions infringes upon principles like separation of powers and federalism, and that the DOJ is overreaching its authority under VOCA. Furthermore, the coalition has asked the court to prohibit the DOJ from enforcing these conditions, to remove the immigration-related requirements from this year's VOCA grants, thus allowing states to continue receiving funds intended to support crime victims and their families. Joining New York in this action are attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
