States sue feds over denying grants for illegal immigrants

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(The Center Square) – Democratic attorneys general from 21 jurisdictions sued the Trump administration Wednesday for denying federal funds to help victims of violent crimes who are illegal immigrants.

The suit challenged the U.S. Department of Justice’s new requirement prohibiting recipients of grants from using the money to provide legal services to any “removable alien or any alien otherwise unlawfully present in the United States,” with some exceptions.  The new rule takes effect Oct. 31 and applies to both future and previous grants.

The grants are funded by the Victims of Crime Act, Byrne Justice Assistance Grants and Violence Against Women Act.

The suit was filed in the U.S. District Court for the District of Rhode Island, and U.S. Attorney General Pam Bondi and other federal officials are listed as defendants.

The plaintiffs are attorneys general from California, Arizona, Colorado, Nevada, New York, Illinois, Rhode Island, Connecticut, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Vermont, Washington, Wisconsin and the District of Columbia.

"I'm proud to file this suit in support or survivors of domestic violence, sexual assault, human trafficking and other violent crimes,” Arizona Attorney General Kris Mayes said Wednesday.

In addition to illegal immigrants, Mayes' office said the DOJ order applies to others who can't prove their immigration status.

The grants pay for legal representation in family court, relocation and housing assistance, medical bills, funeral costs and other civil legal services, according to the attorneys general. The legal services help victims of domestic violence, sexual assault, child abuse, human trafficking, and elder abuse. The Byrne JAG grants also provide help to state and local governments for criminal justice initiatives.

The lawsuit stresses the services have been available for victims regardless of their immigration status.

The Center Square Wednesday reached out to the U.S. Department of Justice for comment, but did not get an immediate response. The DOJ website noted it may be slower in responding to inquiries because of the federal government shutdown, which started at 12:01 a.m. Eastern Daylight Time Wednesday. 

“We continue to make it clear that we will hold the Trump administration to account for actions that are unjust,” California Attorney General Rob Bonta told reporters during a virtual news conference Wednesday, which also featured CEOs of two nonprofits that help victims of domestic violence. Bonta noted the suit was California’s 41st lawsuit against the Trump administration in 36 weeks.

Bonta called the Department of Justice’s new rule “unlawful” and “reckless.” He said the federal government is undermining the mission of victim services to “rebuild lives and bring offenders to justice.”

The DOJ order puts at risk $94 million in California, he said, but noted, “It isn’t just about fighting for funds. It’s fighting for fairness."

In a written statement Wednesday, Bonta noted, "I wish President [Donald] Trump would stop creating problems where there are none — and focus his energy on policies that actually reduce crime and protect public safety."

The lawsuit accuses the Trump administration of violating the U.S. Constitution’s Spending Clause. The suit said the violation comes in two ways:  a retroactive condition that states couldn’t anticipate and vagueness over which legal services are restricted, which subset of immigrants can’t get federally funded services and how states can define that subset.

The suit goes on to claim the DOJ’s new rule violates the Administrative Procedure Act by being “arbitrary and capricious,” with no explanation for the prohibition against illegal immigrants. It also says the Trump administration is violating the procedures act by being in direct conflict with governmental regulations that say eligibility for legal services isn’t dependent on immigration status.

Tying legal services to immigration status will empower those who abuse victims, warned Pat Bell, CEO of House of Ruth, a California nonprofit that serves victims of domestic violence. 

“We don’t ask immigration status,” Bell said. “Violence does not discriminate.”

She spoke during Bonta’s news conference, along with Mark Lee, CEO of Radiant Future, another California nonprofit aiding domestic violence victims.

Denying legal services to illegal immigrants sends a message to abusers that they can cause more harm because there’s nothing victims can do, Lee said. “The cycle of violence will continue.”

Washington state Attorney General Nick Brown said Trump’s decision to turn legal service providers into an extension of U.S. Immigration and Customs Enforcement is illegal and against the will of Congress.

Restricting grants will make communities less safe, said Colorado Attorney General Phil Weiser.

“Sexual assault and domestic violence survivors turn to our courts for safety and protection,” New York Attorney General Letitia James said. “They should never be turned away because of who they are or where they come from.”