Attorney General Nessel Joins Lawsuit Against Trump Administration’s Imposition of Illegal Conditions on Victims of Crime Act Grants

LANSING – Michigan Attorney General Dana Nessel has filed a lawsuit (PDF) against the Trump Administration, alongside a coalition of 21 attorneys general, over the illegal imposition of conditions on Congressionally-authorized Victims of Crime Act (VOCA) grants. The Trump Administration, disregarding the clear letter of the law and intent of Congress, has declared that States will be unable to access these funds – used to support victims and survivors of crimes – unless they agree to support the Trump Administration’s extreme immigration enforcement efforts. 

“Without crucial support services to offer victims of heinous crimes, they’re much less likely to pursue a criminal prosecution to hold their attackers accountable and make our communities safer.” Nessel said. “The Trump Administration pretends to care about fighting crime, but their actions tell a different story. This attempted funding cut is not just illegal – it’s dangerous for society. I will not sit back and allow this administration to further harm some of our most vulnerable residents in their time of greatest need.” 

The VOCA was signed into law in 1984 by President Ronald Reagan, creating a series of grant programs to enable States to provide critical resources and services to victims and survivors of crime as they try to restore normalcy in their lives: victim and witness advocacy services, emergency shelter, medical, funeral, and burial expenses, crime scene cleanup, sexual assault forensic exams, and much more. These funding streams—totaling more than a billion dollars per year nationwide—have long ensured that States could fulfill their most fundamental duties: to protect public safety and redress harm to their residents. States use these funds to assist nearly 9 million crime victims per year and to provide compensation for more than 200,000 victims’ claims per year. Congress has required the distribution of nearly all VOCA funding to States based on fixed statutory formulas and has repeatedly acted to ensure sufficient funding for crime victims, including after the 9/11 terrorist attacks. 

The State of Michigan has received between $27 and $43 million in VOCA funding each year for the past 5 years. As Attorney General Nessel highlights in a video, the grants have been awarded to 115 victim service organizations throughout the state who provide critical services to victims of child abuse, domestic violence, sexual assault, elder abuse, and human trafficking. These organizations include child advocacy centers, sexual assault nurse examiner programs, domestic violence shelters and services providers, rape crisis centers, anti-human trafficking organizations, legal services for victims, elder abuse resources, and trauma recovery centers. 

However, the Trump Administration, through the U.S. Department of Justice (DOJ), has declared that States, along with the victims and survivors they serve, will be blocked from these funds unless they comply with the Administration’s political agenda – namely its immigration enforcement priorities. In order to receive these funds, per the DOJ declaration, States must assist the U.S. Department of Homeland Security’s (DHS) civil immigration enforcement efforts – a federal, not state, government responsibility.  

The attorneys general argue this directive conflicts with core principles of American governance including the separation of powers, and federalism itself. Congress did not authorize the DOJ to impose conditions on these grant programs that coerce States to devote their resources to enacting the Administration’s immigration agenda. As such, Attorney General Nessel and the coalition are requesting that the Court permanently enjoin the Trump Administration from implementing or enforcing these illegal conditions. 

Attorney General Nessel joins the attorneys general of California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia in filing this lawsuit.