Victims of Crime Get a Break: DOJ Reverses Course on Legal Aid Restrictions

The Department of Justice (DOJ) has reversed a controversial rule that would have prevented immigrants who are victims of crime from accessing certain legal assistance. This change came after Massachusetts Attorney General Andrea Campbell announced that the DOJ agreed not to enforce the rule on millions of dollars allocated to states for supporting victims of human trafficking, sexual assault, and domestic violence.

States Sue DOJ Over Unconstitutional Rule

Last month, 21 states filed a lawsuit against the DOJ, arguing that the rule was unconstitutional as it blocked legal services for undocumented immigrants. The states contended that the rule was unfair and harmful to victims who urgently needed help.

DOJ Withdraws Rule for Key Victim Assistance Programs

In response to the lawsuit, the DOJ decided not to apply the rule to grants under the Victims of Crime Act (VOCA) and the Violence Against Women Act (VAWA). This means that the $92 million for VOCA and $4.4 million for VAWA in Massachusetts can still be used to assist all victims, including immigrants.

The Critical Need for Legal Assistance

Crime victims often require more than just justice in court. They may need help with school investigations, protection orders, or even breaking a lease. Immigrant victims, in particular, are often targeted because they fear reporting crimes or seeking legal help.

Impact on the Victim Rights Law Center

The Victim Rights Law Center, which supports victims of sexual violence, reported that about 19% of their calls in Massachusetts came from immigrants. The center handles around 1,200 legal issues annually and has two attorneys in Western Massachusetts. Their mission is to be available to all victims of sexual assault.

Financial and Ethical Challenges

When the DOJ first announced the rule, it put the law center in a difficult position. They had to determine if the rule applied to the funds they had already received. About 84% of the center's $3.3 million budget comes from state and federal grants. However, their attorneys are ethically bound to continue assisting cases they have already taken on.

Relief and Continued Support

There was a significant sigh of relief when the DOJ clarified that the rule would not apply. This change ensures that all victims, regardless of their immigration status, can receive the legal help they need.