The U.S. District Court for the District of Rhode Island is pictured in downtown Providence. (Photo by Alexander Castro/Rhode Island Current)
On the first day of the federal government shutdown, Rhode Island Attorney General Peter Neronha and 20 other Democratic AGs are challenging new Trump administration rules that will restrict federal aid for victims of sexual assault and domestic violence if they are undocumented immigrants.
The 54-page complaint filed Wednesday in the U.S. District Court for the District of Rhode Island seeks to block the new “Legal Services Condition” by the U.S. Department of Justice for programs scheduled to take effect on Oct. 31 including the Violence Against Women Act (VAWA), the Victims of Crime Act (VOCA) and Byrne Justice Assistance Grants (JAG).
States were notified of the rules on Aug. 18 via what the complaint called “surprise notices” informing them they could no longer provide legal services to undocumented immigrants with funding allotted to them through the VOCA, VAWA, and JAG grants.
That was the same day the same coalition of AGs filed a separate suit against the DOJ and U.S. Attorney General Pam Bondi to stop the withholding of VOCA funds to states where officials refuse to comply with federal immigration enforcement. That case remains ongoing.
But even as the Democratic states challenged the administration, the DOJ continued to formalize “improperly ambiguous” rules with “no explanation,” the complaint argued.
“The condition is unclear as to what constitutes ‘legal services’ and which groups of victims and other individuals are to be excluded from those services, including how state agencies (and subgrantees) are to identify which victims and individuals to exclude,” the lawsuit alleges.
The suit argues that the new restrictions would strain victim services programs by forcing states to screen immigration status. The coalition also warned legal residents and U.S. citizens could also be denied help.
“When a victim of sexual assault or domestic violence seeks help, the first question we ask should not be about their immigration status,” Neronha said in a statement. “These restrictions are unreasonable, unlawful, and we will fight to make sure they are blocked.”
Attorneys general involved in the latest lawsuit are from Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Washington, Wisconsin, and the District of Columbia.
Neronha and the coalition argue that DOJ’s new restrictions violate the U.S. Constitution’s Spending Clause, along with the Administrative Procedure Act.
Natalie Baldassarre, a spokesperson for the DOJ, declined to comment citing the federal government shutdown which began midnight Wednesday after Congress failed to approve a funding bill before the beginning of the new fiscal year.
“During the current lapse in appropriations, DOJ operations are directed toward national security, violations of federal law, and essential public safety functions,” she said in an emailed statement. “Inquiries outside of these functions will be considered when the lapse in appropriations ends.”
But the shutdown will not have any effect on federal court operations in Rhode Island.
“All hearings and trials will proceed without interruption, and matters may continue to be scheduled with the Court in the ordinary course,” states a notice on the federal court’s website. “Public access to the court — both in person and through the court’s electronic filing system — will remain unaffected.”
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