DOVER, Del. — Delaware Attorney General Kathy Jennings has joined a coalition of 21 attorneys general in a lawsuit against the U.S. Department of Justice, challenging a new federal rule that restricts how states can use victim assistance funding. The lawsuit, filed in U.S. District Court in Rhode Island, seeks to block a Justice Department rule that bars states from using federal Victims of Crime Act, Byrne Justice Assistance Grant, and Violence Against Women Act funds to serve undocumented immigrants or others unable to prove their legal status.
Attorney General Jennings said the new restrictions would “do untold harm to survivors of human trafficking and domestic violence,” calling the policy “illegal” and “inhumane.” For decades, those federal grants have supported a wide range of victim services — from housing and relocation aid to legal assistance and compensation for medical or funeral costs. Under the new rule, which takes effect October 31, service providers could be required to verify immigration status before offering help.
In Delaware, officials warn that such requirements could discourage victims and witnesses from coming forward, undermining public safety and the state’s justice system. Advocates say smaller nonprofits lack the resources to carry out screening procedures, which could further delay or deny aid to survivors.
The attorneys general argue the policy violates the Constitution’s Spending Clause and the Administrative Procedure Act by adding new conditions to grants already awarded and ignoring the potential harm to victims. Delaware joins states including New York, Maryland, and California in the lawsuit.
Photo: Delaware.gov