In a significant legal pushback, Massachusetts Attorney General Andrea Joy Campbell has spearheaded a multi-state lawsuit against the Department of Justice. The legal action, which involves a coalition of 21 attorneys general, aims to challenge recent DOJ-imposed restrictions on vital federal funding for crime survivors. Specifically, these restrictions would prevent the use of Victims of Crime Act (VOCA), Byrne Justice Assistance Grants (Byrne JAG), and Violence Against Women Act (VAWA) grant funds for offering legal services to individuals who cannot demonstrate their legal status in the U.S. According to a release on Mass.gov, the lawsuit was filed in the U.S. District Court in the District of Rhode Island.
AG Campbell, fiercely opposing the proposed rule, was quoted saying, "All victims of violent crime deserve support regardless of their immigration status." She termed the Trump Administration's policy aimed at thwarting services for certain individuals as "cruel and senseless." The rule in question, announced by the DOJ, bars states from assisting undocumented immigrants with funds derived from VOCA, VAWA, or Byrne JAG grants—a move that the attorney coalition plainly views unconstitutional. Joining Campbell are attorneys general from across the nation including states such as California, New York, and Illinois, all rallying to block the rule's October 31 enactment.
The coalition's legal argument centers on the premise that the DOJ's restrictions breach the Constitution's Spending Clause by attaching retroactive and ambiguous conditions to grants, some of which were distributed in years past. Furthermore, they argue that the move contravenes the Administrative Procedure Act because the DOJ failed to provide a valid explanation for its policy shift, neglecting to consider the detrimental impact on both survivors and service providers. Campbell and her counterparts maintain that the rule change will only serve to dismantle critical victim service programs, cut off vital resources, and discourage survivors from seeking assistance when they confront dire circumstances.
Massachusetts Attorney General Campbell, ahead of the legal fray, has also raised concerns about the problematic nature of requiring service providers to screen for victims' immigration status. Such a mandate could create a chilling effect where those in immediate need of protection may be turned away—a potential outcome that the coalition of attorneys general sees as unconscionable. These new restrictions are designed not only to affect future fund distributions but also aim to retroactively influence grants already allocated. If the screening is enforced, service providers, many lacking the necessary capacity or resources for such processes, could inadvertently silence survivors, deteriorate trust in law enforcement, and hinder the pursuit of justice against violent offenders.
Previously, in August, AG Campbell alongside the same coalition, filed a separate lawsuit challenging the imposition of controversial conditions on over a billion dollars in VOCA grants. As detailed in the same Mass.gov release, these conditions would compel states to align with stringent immigration priorities set by the Trump Administration, under threat of losing access to funds.
