AG Joins Lawsuit Against DOJ Over Victim Services Funding Restrictions

AG: New Mexico Press Releases

Filed October 1st, 2025

Detected March 21st, 2026

Summary

New Mexico Attorney General Raúl Torrez, along with 21 other attorneys general, has filed a lawsuit against the U.S. Department of Justice. The suit challenges new restrictions on federal funding, such as VOCA and Byrne JAG grants, that would prevent services to undocumented immigrants. The lawsuit seeks to block these restrictions, arguing they are unconstitutional and violate the Administrative Procedure Act.

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What changed

New Mexico Attorney General Raúl Torrez has joined a coalition of 21 state attorneys general in filing a lawsuit against the U.S. Department of Justice. The lawsuit challenges a new "Legal Services Condition" imposed by the DOJ that restricts the use of federal grant funds, including those from the Victims of Crime Act (VOCA) and Byrne Justice Assistance Grants (Byrne JAG), to provide services to undocumented immigrants. The coalition argues that this policy reversal, which applies retroactively to already awarded grants and is scheduled to take effect on October 31, 2025, violates the Constitution's Spending Clause and the Administrative Procedure Act by attaching ambiguous conditions and failing to justify the policy change.

This action has significant implications for victim services programs nationwide. The attorneys general warn that the restrictions will disrupt critical resources for survivors of domestic violence, sexual assault, human trafficking, and other violent crimes, potentially discouraging them from seeking help due to immigration status screening requirements. Service providers may be forced to deny aid to families in crisis, and many lack the capacity for such screening. The lawsuit seeks to block these restrictions and ensure continued access to essential services for all eligible individuals, regardless of their immigration status.

What to do next

Review current grant funding agreements for VOCA and Byrne JAG grants.
Assess internal policies and procedures for screening victim eligibility based on immigration status.
Monitor legal developments and potential court rulings regarding the DOJ's funding restrictions.

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Attorney General Raúl Torrez Joins Lawsuit Against U.S. Department of Justice to Protect Services for Victims of Violent Crime

October 1, 2025

Albuquerque, N.M. – Attorney General Raúl Torrez, alongside a coalition of 21 attorneys general is suing the Trump Administration over its decision to impose new restrictions on federal funding that supports survivors of domestic violence and other violent crimes. The lawsuit challenges a rule barring states from using grant funds, like those from the Victims of Crime Act (VOCA) and the Byrne Justice Assistance Grants (Byrne JAG), to provide services to undocumented immigrants, or other individuals who cannot prove their status. The lawsuit looks to block the restrictions and argues that the new policy is unconstitutional.

“It is unconscionable to consider withholding critical care from victims of violent crime based on residency status,” said Attorney General Raúl Torrez. “The strength of our nation comes from our ability to help those in need, not select who deserves to receive care based on current legal status. My office will do everything in its power to protect and provide aid for those in New Mexico who have been victims of violent crime.”

Attorney General Torrez and the coalition warn that the new restrictions will upend victim services programs, cut off critical resources, and discourage survivors from seeking help. If service providers have to screen victims’ or witnesses’ immigration status, they could be forced to deny protection to families in crisis – a policy that would ultimately silence survivors and erode trust between communities and law enforcement. The lawsuit also highlights that many service providers do not have the capacity or resources necessary to enact such screening processes.

For decades, these grant programs have enabled states to support survivors of domestic violence, sexual assault, human trafficking, and other violent crimes. The grants fund services such as legal representation in family court, relocation and housing assistance, compensation for medical bills and funeral costs, and other civil legal services. Byrne JAG grants provide additional resources to state and local governments for criminal justice initiatives, including – in some states – support for public defenders. In their lawsuit, the attorneys general emphasize that these programs have long been available to all eligible individuals, regardless of immigration status.

Last month, The U.S. Department of Justice (DOJ) informed states that they could no longer use these grant funds to provide legal services to undocumented immigrants. The new “Legal Services Condition” applies not only to future funding but also to grants already awarded – and is scheduled to take effect on October 31, 2025.

In today’s lawsuit, Attorney General Torrez and the coalition argue that the 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. The attorneys general also assert that DOJ acted in violation of the Administrative Procedure Act by failing to justify its reversal of decades-long policy and by ignoring the harm the rule will cause to survivors and service providers.

Joining Attorney General Torrez in the lawsuit, which was led by New York Attorney General Letitia James, Colorado Attorney General Phil Weiser, Illinois Attorney General Kwame Raoul, and Rhode Island Attorney General Peter Neronha, are the attorneys general of Arizona, California, Connecticut, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

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