NYS Attorney General Letitia James sues Justice Department over cuts to legal support for non-citizens facing domestic abuse, court documents show

A new U.S. Department of Justice policy that bars non-citizen domestic violence victims from receiving legal support through programs funded by the federal government violates the Constitution, New York State Attorney General Letitia James charges in a federal lawsuit filed Wednesday.

James and attorneys general from 19 other states joined in the litigation to reverse a Sept. 15 directive from the Justice Department that prohibits assistance to "any removable alien."

The funds are administered to state legal assistance groups by the Department of Justice through the Violence Against Women Act and the Victims of Crime Act. The money goes to support domestic violence victims in family court, securing protective orders, custody, housing assistance, medical bills, funeral costs and other legal services.

Funds from another Justice Department program, Byrne Justice Assistance Grants, which was named after slain NYPD officer Eddie Byrne, have also been restricted from those unable to prove legal immigration status. The Byrne grants fund a range of law enforcement-related services, from drug treatment and enforcement to mental health and veterans court, as well as extreme risk protection order programs, according to a Justice Department website.

Specifically, the new policy bars federal funds from being used for protective orders, sex trafficking cases and services to retain proper immigration status.

"This condition violates the U.S. Constitution’s spending clause in two ways," according to the lawsuit. It retroactively restricts the funds that have already been awarded and it is ambiguous as to which immigrant groups it applies to.

"As a result, plaintiff states and their subgrantees are left to guess which services are covered for whom, and to guess which new processes may be required to comply with the condition," according to the suit.

James said that the new policy 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.

"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," James said. "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."

The coalition of attorneys general also charges that the new directive contradicts Violence Against Women Act regulations, which say that eligibility cannot rely on immigration status.

Further, the rule violates the Administrative Procedures Act because it fails to explain the Justice Department’s rationale for reversing decades of policy, according to the suit.

Because of the federal shutdown, a Department of Justice spokesman said that he could not respond to a request for comment.