DOJ backs off restrictions that threatened VOCA and VAWA services for undocumented victims

Organ Mountain News report

ALBUQUERQUE - Attorney General Raúl Torrez and a coalition of 20 attorneys general have secured a binding agreement with the U.S. Department of Justice that protects access to critical services for survivors of domestic violence and sexual assault. The deal reverses a DOJ move that threatened to cut off Victims of Crime Act and Violence Against Women Act funding for anyone who could not immediately prove immigration status.

Torrez said the agreement ensures survivors can continue receiving help without fear and keeps long-standing support systems intact.

“This binding agreement ensures that survivors of crime and their families will continue to receive essential resources they need to rebuild their lives,” Torrez said in a statement. “It is unconscionable that our government would consider withholding critical care and assistance from those who need it. If at any point the DOJ attempts to resurrect these stipulations, I will not hesitate to take legal action.”

The DOJ had notified states that VOCA and VAWA grants could no longer be used to provide legal services to undocumented immigrants, including on awards already issued and in some cases years old. Torrez and the coalition sued in October, warning that forcing survivors to produce proof of immigration status would endanger vulnerable people and place heavy burdens on service providers who do not collect that information.

VOCA and VAWA support a wide range of services, including legal representation for protective orders, custody and visitation matters, child support, housing and relocation assistance, civil legal aid and rape crisis centers. Congress designed both programs so survivors could seek help regardless of immigration status.

Under the new agreement, the challenged restriction cannot be applied to any current VOCA Victim Assistance or VAWA grant awards. The coalition has agreed to voluntarily dismiss its lawsuit without prejudice, preserving its ability to refile if the DOJ reverses course.

The attorneys general joining Torrez in the stipulation represent Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Vermont, Rhode Island, Washington and the District of Columbia.