Oregon Sues DOJ Over New Rule Cutting Support for Domestic Violence and Crime Victims
Oregon Attorney General Dan Rayfield confirmed yesterday that the state has joined a lawsuit against the U.S. Department of Justice (DOJ) to protect services for crime survivors after the federal agency introduced a new “Legal Services Condition” that restricts future awards and those already granted.
Oregon Lawsuit To Overturn Federal Crime Survivors Funding Limitations
Oregon is the 20th state to join a lawsuit filed in the U.S. District Court in the District of Rhode Island against the federal DOJ that has sought to block federal funding that supports survivors of domestic violence and other violent crimes through new restrictions.
These apply to both future funding and grants that have already been awarded. The restrictions are scheduled to take effect on October 31.
AG Rayfield confirmed that the grants were designed to ensure survivors can find safety, rebuild their lives, and work with law enforcement if they choose—not to create additional barriers.
The lawsuit challenges a rule barring states from using these grants to provide certain services to undocumented immigrants, or other individuals who cannot prove their status:
- Victims of Crime Act (VOCA)
- Byrne Justice Assistance Grants (Byrne JAG)
- Violence Against Women Act (VAWA)
AG Rayfield said, “Cutting off services doesn’t just hurt families in crisis, it undermines trust in our justice system.”
In the new lawsuit, which is separate from a previous lawsuit involving VOCA grants filed by Oregon and other states in August, the states are challenging immigration enforcement language intended to apply to new VOCA grants that would violate Oregon’s Sanctuary Laws.
In the current lawsuit, the plaintiff states argue that the new policy is unconstitutional and are asking the court to stop the rule from taking effect in their states. They maintain that:
- DOJ’s new restrictions violate the Constitution’s Spending Clause by attaching retroactive and ambiguous conditions to grants that were already awarded, in some cases years ago, and
- The DOJ acted in violation of the Administrative Procedure Act by failing to justify its reversal of a decades-long policy and by ignoring the harm the rule would cause to survivors and service providers.
- Many service providers lack the necessary capacity and resources to implement such screening processes.
- The new restrictions will upend victim services programs, cut off critical resources, and discourage survivors from seeking help, and the policy would ultimately silence survivors and erode trust between communities and law enforcement.