PORTLAND, Ore. (KOIN) – Washington and Oregon have filed a lawsuit against the Justice Department in an effort to unblock funds meant to support survivors of domestic violence and other violent crimes.

The lawsuit – filed Wednesday in the U.S. District Court of Rhode Island by a group of 20 state attorneys general – challenges a new rule banning states from using Victims of Crime Act, Byrne Justice Assistance Grants and Violence Against Women Act grants to provide certain services to undocumented immigrants and others who cannot prove their status.

In their lawsuit, the attorneys general argue that the new policy blocking the funds violates the Constitution’s Spending Clause by attaching “retroactive and ambiguous conditions to grants that were already awarded,” and are asking the court to stop the rule from taking effect.

The lawsuit also argues that the Department of Justice violated the Administrative Procedure Act by failing to justify the reversal of the policy.

“When someone survives abuse or violence, the last thing they should have to worry about is proving their immigration status before getting help,” Oregon Attorney General Dan Rayfield said in a statement. “These grants were designed to make sure survivors can find safety, rebuild their lives, and work with law enforcement if they choose—not to create more barriers. Cutting off services doesn’t just hurt families in crisis, it undermines trust in our justice system.”

For decades, these grants have helped states support survivors of domestic violence, sexual assault, human trafficking and other violent crimes, the attorneys general explained in a press release, noting the grants funded a variety of services, including legal representation in family court, relocation and housing assistance, along with medical bills and funeral costs.

Officials added that the Byrne grants offer additional resources for state and local government criminal justice initiatives, including support for public defenders in some states.

The attorneys general stress in their lawsuit that these grants have long been available to all eligible individuals regardless of their immigration status.

That changed in September, when the Department of Justice notified states of the new “Legal Services Condition,” which blocks states from using VOCA, VAWA or Byrne funds to provide legal services for undocumented immigrants.

The new condition applies to future funding and grants already awarded and scheduled to take effect October 31, 2025, officials said.

The attorneys general warn that the new funding restrictions will “upend victim services programs, cut off critical resources, and discourage survivors from seeking help,” adding, “If service providers have to screen victims’ or witnesses’ immigration status, they would 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 attorneys general also note that many service providers do not have the capacity for such screening processes.

“The president wants to turn legal service providers who help victims of crimes into an extension of ICE,” Washington Attorney General Nick Brown said in a statement. “This is illegal and against the will of Congress. I’m confident the court will see through his administration’s attempt to once again hold funding hostage for political reasons.”

Attorney General Rayfield and Brown are joined in the lawsuit by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Rhode Island, Vermont and Wisconsin.

When reached for comment, a spokesperson for the Department of Justice told KOIN 6 News that DOJ operations are being directed to national security, violations of federal law and public safety functions, noting other inquiries will be considered after the lapse in appropriations ends amid the government shutdown.