Attorney General Letitia James Fights To Protect Services For Domestic Violence, Sexual Assault Survivors

LONG ISLAND, NY — New York Attorney General Letitia James recently led a coalition of 20 other attorneys general in suing to block what they said are unlawful new restrictions on federal funding that supports survivors of domestic violence, sexual assault and other violent crimes.

The attorneys generals said they are challenging a rule issued by the U.S. Department of Justice that bars states from providing services to survivors who cannot immediately prove their immigration status.

The U.S. DOJ did not immediately respond to a request for comment.

The news comes during Domestic Violence Awareness Month, which takes place in October.

"The lawsuit comes just weeks after comments from the president minimizing the severity of domestic violence and suggesting that violence in the home should not be considered a crime," a release from the AG's office said.

James and the coalition have argued that the new restrictions risk silencing survivors and eroding decades of progress in protecting victims of violence — and they re asking the court to protect survivors by blocking the rule before it can take effect.

"Sexual assault and domestic violence survivors turn to our courts for safety and protection. They should never be turned away because of who they are or where they come from,” said James. "With this cruel attempt to dictate which survivors deserve access to legal supports, DOJ is endangering families, silencing survivors, and threatening public safety. I will not stand idly by while the federal government unjustly attacks people seeking protection from violence. We are asking the court to block this illegal rule before it takes effect, immeasurably harming survivors."

For decades, James said, the Violence Against Women Act and Victims of Crime Act programs have enabled states to support survivors of domestic violence, sexual assault, human trafficking, and other violent crimes.

VAWA and VOCA grants fund services such as legal representation in family court for protective orders, custody, visitation, and child support; relocation and housing assistance; compensation for medical bills and funeral costs; and other civil legal services that help survivors escape abuse and rebuild their lives.

VAWA also funds rape crisis centers for victims of sexual assault, James said.

A third program, Byrne Justice Assistance Grants, provides funding to support state and local governments’ criminal justice initiatives and, in some states, funds public defenders’ offices to ensure fair and timely proceedings.

All of the grant programs were deliberately designed to reach every person eligible, regardless of iimmigration status, because Congress recognized that public safety depends on every person’s ability to seek help and report crimes without fear, James said.

This month, however, DOJ informed states that they could no longer use VOCA, VAWA, or Byrne JAG funds to provide legal services to immigrants without documentation, James said.

The new "Legal Services Condition" applies not only to future funding but also retroactively to grants already awarded, some dating back years, and is scheduled to take effect on October 31, James said.

The attorneys general warn that the new restrictions will upend long-established victim services programs, cut off critical resources, and "silence survivors" when they need protection the most.

The attorney generals believe that the restrictions will place an "enormous strain" on service providers who do not currently have the capacity or procedures in place to screen victims’ or witnesses’ immigration statuses.

The restrictions, they said, will deny protection to some of the most vulnerable families, discourage survivors from reporting abuse, and erode trust between victims and law enforcement.

James and the coalition also highlighted the particular challenge the restrictions will pose for survivors of domestic violence.

People fleeing abusive households often do not physically have the legal documents needed to demonstrate immigration status, they said. In addition, abusers will frequently restrict a victim’s access to important legal documents as a means of control and as a tactic to prevent them from escaping the dangerous situation, they said.

When survivors present to VOCA or VAWA service providers, they are in "acute need" of services, James said.

It would be dangerous and, in some cases, impossible, to require these survivors to gather and present legal documentation proving their immigration status before providing assistance, James said.

As a result of the new DOJ mandate, even lawful residents and U.S. citizens could be shut out from urgently needed services if they cannot immediately produce paperwork in the aftermath of abuse, the AG said.

In New York, VOCA funding is "a lifeline for survivors and their families," James said.

In 2024, more than 1,000,000 New Yorkers received VOCA or VAWA-funded services, more than in any other category of victim support. Those services included, among other things, representation in family law matters, assistance securing protective orders, and help preparing victim impact statements. The DOJ’s new restrictions would jeopardize those programs and leave survivors without the protections needed to escape violence, protect their children, and begin to rebuild their lives.

Between 2018 and 2022, at least 613 New Yorkers lost their lives to domestic violence, the AG said.

On the East End, Pamela Greinke, executive director of Hope and Resilience Long Island, a not-for-profit organization based in Riverhead that aims to advocate for domestic violence survivors, reflected on the proposed restrictions.

"This policy change will be devastating for victims throughout the East End," she said. "Requiring survivors to prove their legal status can be an impossible task for many victims of domestic abuse, sexual assault and human trafficking becasue abusers often take personal identification documents as a means to control the victim. With this policy, victims would not be able to access the services that were put in place to protect them."

She added: "Also, without access to free legal representation, victims would be faced with either having to represent themselves, which is not a viable option, or hire private attorneys at a cost that most people just can't afford. These crimes don’t only hurt the primary victims, but they also harm children and other family members. Supporting survivors is an important protection for our entire community."

And, Greinke said: "No victim should be punished because of their perceived immigration status. And this change would also embolden many abusers to commit more serious crimes against their victims knowing that the repercussions would be minimal, if any at all."

In the lawsuit, James and the coalition argue that DOJ’s new restrictions violate the U.S. 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 said that the DOJ acted in violation of the Administrative Procedure Act by failing to provide any explanation for reversing decades of policy, "ignoring the reliance interests of states and service providers, and failing to consider the devastating harm to survivors."

The new rule also directly conflicts with VOCA and VAWA regulations, which make clear that eligibility for victim services cannot be dependent on immigration status, they said.

Attorney General James and the coalition are asking the court to immediately block "DOJ’s unlawful action", preserve critical services for survivors of sexual assault, domestic violence, and other violent crimes, and "affirm that no victim should be denied protection because of who they are or where they were born," they said.

"Several federal grants administered by DCJS and our state agency partners help providers across New York state deliver critical services to survivors of domestic violence, sexual assault, and other serious crimes,” said New York State Division of Criminal Justice Services Commissioner Rossana Rosado. "These funds help save lives and support survivors who are rebuilding their lives, from housing assistance to legal representation to counseling services. We remain committed to making these resources available to every survivor, regardless of immigration status, because safety and justice should never depend on where someone was born.”

“Every survivor deserves care and support, regardless of who they are or where they come from,” said New York State Office of Victim Services Director Bea Hanson. "OVS will always stand with victims to make sure help is available when they need it most, and we thank Attorney General James for defending that principle through this decisive action."

Joining Attorney General James in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Vermont, Rhode Island, Washington, Wisconsin, and the District of Columbia.

Local efforts to create change

Locally, Suffolk County Executive Ed Romaine recently signed an executive order creating the Suffolk County Alliance Against Domestic Violence, a new initiative to strengthen coordination among government agencies and nonprofit service providers in the fight against domestic violence.

"Suffolk County remains committed to protecting our most vulnerable residents and ensuring that every person feels safe in their own home," said Romaine. "This Alliance represents an unprecedented level of cooperation between county government, law enforcement, and our community partners — all working together with shared data, shared resources, and one shared goal: ending domestic violence."

Under the executive order, the Alliance will:

• Establish mechanisms for real-time data sharing between law enforcement and service providers to improve victim referrals and case coordination.
• Implement countywide programs and services focused on prevention, intervention, and recovery.
• Launch public awareness and education campaigns to promote early intervention and community engagement.
• Hold quarterly meetings to review and assess the work of the Alliance.

According to the Suffolk County Police Department, more than 27,000 domestic incidents were reported in 2024, with more 280,000 incidents reported in the past decade — underscoring the urgent need for coordinated action and stronger support systems for victims, Romaine said.

"Domestic violence is not a private issue — it is a community crisis," said Romaine. "Together, through this Alliance, we can ensure that every victim has a voice, every case receives attention, and every effort is made to break the cycle of violence."

In 2024, there were more than 27,000 domestic incidents reported according to the Suffolk County Police Departments, and more than 280,000 total incidents reported in the last decade, he said.