UPDATED: U.S. DOJ Drops Plans for New Restrictions on Federal Funding for Crime Survivors
October 6, 2025/
UPDATED – 10/06/25 – Delaware Attorney General Kathy Jennings announced on Monday that the US Department of Justice has dropped its plan to impose conditions on nearly $1.4-billion in Victims of Crime Act grants. A lawsuit brought by 21 Attorneys General was announced last week demanding that the funding not be blocked.
Additional information from AG Jennings on Monday:
Earlier this year, the Trump Administration, disregarding the clear letter of the law and intent of Congress, declared that States would be unable to access VOCA funds – used to support victims and survivors of crimes – unless they accede to the Trump Administration’s extreme immigration priorities. Delaware stood to lose nearly $15 million for survivors, families, shelters, and service providers.
“Those who are fortunate enough to have never been the victim of a crime may not be aware of the countless logistics that a victim has to juggle in the aftermath,” said Attorney General Kathy Jennings. “VOCA funds have, for more than 40 years, allowed states to support victims of crime with those logistics – with funeral expenses, the acquisition of shelter, and countless other needs that arise following someone’s most vulnerable and painful moments. It should go without saying that the Trump Administration’s attempt to defund this program was unfathomably cruel, but it was also blatantly illegal. This result is as much a victory for common decency as it is for the rule of law.”
==================================================================================
ORIGINAL STORY – 10/03/25 – Delaware Attorney General Kathy Jennings has joined a coalition of 21 attorneys general to file a lawsuit against the US Department of Justice to block new restrictions on federal funding that supports survivors of domestic violence and other violent crimes. The lawsuit, filed in U.S. District Court in the District of Rhode Island, challenges a rule barring states from using Victims of Crime Act, Byrne Justice Assistance Grants and Violence Against Women Act grant funds to provide services to undocumented immigrants or others who cannot prove their status. The coalition of AGs argue that the new policy is unconstitutional and ask the court to stop the rule from taking effect in their states.
Additional information from the AG’s Office:
“The illegal conditions being imposed on this congressionally-allocated aid would do untold harm to survivors of human trafficking and domestic violence, among countless others,” said Attorney General Kathy Jennings. “That cannot happen. As Delaware’s Attorney General, my job is to protect the public – and that’s what I intend to do in filing this suit.”
For decades, the VOCA and VAWA grant programs have enabled states to support survivors of domestic violence, sexual assault, human trafficking, and other violent crimes. The grants help fund services such as legal representation in family court, relocation and housing assistance, compensation for medical bills and funeral costs, and other civil legal services. Byrne JAG grants provide additional resources to state and local governments for criminal justice initiatives, including – in some states – support for public defenders. In their lawsuit, the attorneys general emphasize that all three programs have long been available to all eligible individuals, regardless of immigration status.
Last month, DOJ informed states that they could no longer use VOCA, VAWA, or Byrne JAG funds to provide legal services to undocumented immigrants. The new “Legal Services Condition” applies not only to future funding but also to grants already awarded, and is scheduled to take effect on October 31, 2025.
Attorney General Jennings and the coalition warn that the new restrictions will upend victim services programs, cut off critical resources, and discourage survivors from seeking help. If service providers have to screen victims’ or witnesses’ immigration status, they could be forced to deny protection to families in crisis – a policy that would ultimately silence survivors and erode trust between communities and law enforcement. The attorneys general also highlight the fact that many service providers do not have the capacity or resources necessary to enact such screening processes.
In Delaware, these restrictions could have detrimental effects on public safety. Victim advocate organizations, essential to the integrity of the Justice system, would be required to interrogate victims about immigration status before offering needed legal representation using VOCA funds. Imposing these measures, particularly as a threshold question before agreeing to assist them, is harmful to those individuals and to their trust in our criminal justice system. It will dissuade some victims and witnesses from coming forward—whether to report crime to law enforcement or to seek victim service in the first place.
In today’s lawsuit, the coalition argues that the DOJ’s new restrictions violate the Constitution’s Spending Clause by attaching retroactive and ambiguous conditions to grants that were already awarded, in some cases, years ago. The attorneys general also assert that the DOJ acted in violation of the Administrative Procedure Act by failing to justify its reversal of decades-long policy and by ignoring the harm the rule will cause to survivors and service providers.
Joining Attorney General Jennings in the lawsuit are the attorneys general of New York Attorney General Letitia James, Colorado Attorney General Phil Weiser, Illinois Attorney General Kwame Raoul, and Rhode Island Attorney General Peter Neronha, Arizona, California, Connecticut, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.