Why Should Delaware Care?
Victims of violent crimes are able to tap into federal funds to pay for health services and even burial costs. But now the Trump administration is threatening to withhold that funding unless Delaware helps carry out the president’s immigration agenda.
Delaware’s Attorney General sued the Trump administration Monday after it threatened to withhold nearly $15 million for victims of crime unless the state agreed to comply with President Trump’s immigration crackdown.
Delaware Attorney General Kathy Jennings joined 20 other states’ attorneys general in suing the administration over its “strong-arm” attempt to leverage Victims of Crime Act (VOCA) funds in exchange for immigration enforcement help.
The lawsuit alleges the Office for Victims of Crime, an agency housed within the U.S. Department of Justice, established a new policy barring states from accessing VOCA funding unless they help carry out Trump’s immigration agenda.
“A victim is a victim — no less so than if they are documented or undocumented,” Jennings said. “These funds help those families to bury their loved ones.”
Delaware’s Victims’ Compensation Assistance Program (VCAP), which is largely funded by VOCA, supports people who are victims of violent crime in order to alleviate any financial burdens they may have taken on. Beneficiaries of this program include victims and survivors of domestic violence, sexual assault and human trafficking — including kids.
Millions of dollars for ‘vulnerable’ Delawareans in jeopardy
VCAP funds can be awarded to any victim of crime in the state, regardless of immigration status. The funding can be used to pay for medical expenses, burial costs and mental health counseling, among other crime-related expenses.
During the 2025 fiscal year, which ended in June, the program granted more than 3,000 payments to and on behalf of victims in Delaware, totaling more than $3 million in assistance, according to VCAP’s 2025 annual report.
The lawsuit stems from a February 5 memo sent by U.S. Attorney General Pam Bondi ordering the U.S. Department of Justice to withhold any federal grants to so-called sanctuary jurisdictions that “interfere” with federal immigration enforcement.
In July, Delaware became the seventh state to outlaw partnerships between local police and U.S. Immigration and Customs Enforcement (ICE). California, Colorado, Illinois, New Jersey, Oregon and Washington — states who also sued over VOCA funds — have similar laws in place barring ICE partnerships.
Earlier this month, the DOJ republished a modified list of sanctuary jurisdictions, which included Delaware, that were at risk of losing federal funding.
Jennings argued the loss of funding would discourage victims from coming forward to report incidents and enable bad actors to continue to commit crimes. The withholding of funds is making victims of crime into “hostages for a political agenda,” Jennings said.
Laura Graham, deputy director of Community Legal Aid Society (CLASI), applauded Jennings’ for taking steps to protect vulnerable residents and address “unlawful” federal policies. CLASI is a civil legal service provider representing underserved Delawareans, many of whom are victims of crime.
“Placing unlawful requirements on these programs undermines victim safety by making victims less likely to seek help, report crimes, and access the care that they need, which in turns makes our State less safe for all Delawareans,” Graham said.
The program’s funding comes, in part, from a surcharge imposed by Delaware courts on fines and fees. No tax dollars are used to fund the program, according to the 2025 VCAP report.
Congress has distributed nearly all VOCA funds to states based on fixed formulas since the law was enacted in 1984. From 2021 to 2024, the states filing the lawsuit have used VOCA funds to help, on average, more than 8.5 million crime victims per year, according to the lawsuit.
Second suit in as many weeks
Last week, Jennings joined another lawsuit against the Trump administration after it attempted to defund Head Start, a federally-funded education program that helps children from birth to kindergarten, alongside other educational programs in Delaware.
The Trump administration’s attempted cuts would impact over $11 million in federal grants that support more than 250 education programs in the state, according to Jennings’ office. The cuts would affect over 50,000 Delawareans of all ages, including people who cannot verify their immigration status.
“We have never had to fight so hard to defend children—in this case some of Delaware’s most vulnerable—from their own president,” Jennings said in a written news release.
Delaware, Kentucky and Pennsylvania joined the lawsuit that was first filed against the administration by a 20-state coalition on July 21.
The U.S. Department of Justice declined to comment for this story. The White House did not respond to a request for comment.
Who can apply for VCAP benefits?
VCAP only covers losses that are not already paid for by insurance or other sources. The maximum amount that can be awarded is $25,000, unless the victim is determined to be “permanently and totally disabled,” which could result in more money.
To receive assistance, the following conditions must be met:
- The crime must be reported to law enforcement within 72 hours.
- An application must be filed with VCAP within one year of the crime.
- Victims must reasonably cooperate with law enforcement agencies and VCAP staff.
- The victim must not have caused or contributed to their own injury or death.