NJ Sues DOJ for Restricting Victim Services for Undocumented Immigrants

Attorney General Platkin and a coalition of attorneys general argue that new federal grant restrictions will harm survivors of domestic violence and other crimes by limiting access to critical services.

TRENTON, NJ — New Jersey Attorney General Matthew J. Platkin has joined a coalition of 20 attorneys general in filing a federal lawsuit against the U.S. Department of Justice (DOJ) over a new rule that restricts states from using federal grant funds to support undocumented immigrants who are survivors of violent crimes.

Filed in the U.S. District Court for the District of Rhode Island, the lawsuit seeks to block implementation of the DOJ’s new “Legal Services Condition,” which would bar the use of Victims of Crime Act (VOCA), Violence Against Women Act (VAWA), and Byrne Justice Assistance Grants (Byrne JAG) funding for services to individuals who cannot prove their immigration status. The restriction is set to take effect on October 31, 2025, and would apply not only to new funding but also to grants already awarded, some dating back years.

“When someone is the victim of a violent crime, they deserve assistance and support to recover, no matter their legal status,” said Attorney General Platkin. “Not only is it the right thing to do, but it helps ensure we can hold violent perpetrators accountable. Now, because of the Trump Administration’s illegal actions, victims of crimes may go without the support they need and that federal law entitles them to—undermining their security and our law enforcement efforts. We are not going to stand by as this Administration attacks services for those who have already gone through terrible traumas and who need all of the help they can get. We are standing up for all of our residents to protect them and to ensure that they feel safe reaching out to law enforcement if they are in danger, and we are taking this Administration to court again.”

Impact on Victim Services and Legal Support

For decades, VOCA, VAWA, and Byrne JAG programs have helped states provide emergency assistance and legal support to survivors of domestic violence, sexual assault, human trafficking, and other violent crimes—regardless of immigration status. These federal funds are commonly used for:

• Medical care and counseling

• Funeral and relocation expenses

• Emergency shelter and protective services

• Sexual assault kits and forensic exams

• Legal assistance to navigate the justice system

In their lawsuit, the attorneys general argue that the DOJ’s reversal of long-standing policy will undermine critical victim services, discourage crime reporting, and erode trust between immigrant communities and law enforcement. They also warn that requiring service providers to screen victims’ immigration status would force them to deny aid to families in crisis and divert limited resources from victim care to compliance administration.

Legal Claims and Constitutional Issues

The coalition claims the DOJ’s policy change violates the U.S. Constitution’s Spending Clause by imposing retroactive, unclear conditions on existing federal grants. Additionally, they argue that the DOJ violated the Administrative Procedure Act by failing to provide a clear rationale for reversing decades of established policy and by ignoring the anticipated harm to both survivors and service providers.

National and Regional Coalition

The lawsuit is led by the attorneys general of New York, Colorado, Illinois, and Rhode Island, with New Jersey joining alongside the District of Columbia and the states of Arizona, California, Connecticut, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Vermont, Washington, and Wisconsin.

Attorney General Platkin stated that the restrictions threaten the continuity of care and legal protection for vulnerable populations in New Jersey and across the country. The lawsuit calls for the court to halt enforcement of the new condition within the coalition’s jurisdictions.

For more information about the lawsuit or services available to crime victims in New Jersey, residents may contact the New Jersey Division of Criminal Justice or visit the Office of the Attorney General’s official website.