Community organizations such as DAIS in Dane County could see further cuts if the Trump Administration is allowed to withhold VOCA funds. (Photo by Henry Redman/Wisconsin Examiner)

Wisconsin Attorney General Josh Kaul has joined a multi-state lawsuit against the Trump Administration’s demand that states participate in federal immigration enforcement efforts or risk losing access to federal money available through the Victims of Crime Act. 

If the conditions are allowed to go through, Wisconsin could lose up to $24 million meant to help compensate victims of crime as well as fund local advocates, counselors and crisis response centers, according to a state Department of Justice news release

“VOCA funding is intended to be used to help victims of crime,” Kaul said in a statement. “It is appalling that the Trump administration is weaponizing this funding.”

Wisconsin is joined in the lawsuit, which was filed in a Rhode Island federal district court, by New Jersey, California, Delaware, Illinois, Rhode Island, Colorado, Connecticut, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Vermont, Washington, and the District of Columbia.

VOCA takes fees, fines and penalties collected in federal court proceedings and disburses those funds to the states to use on victim services — which can include the operations of community-based organizations such as domestic violence shelters and rape crisis centers and the work of victim-witness offices within county district attorneys’ offices. 

While individual law enforcement agencies have agreed to help immigration authorities in various capacities through efforts such as Immigration and Customs Enforcement’s 287(g) program, the lawsuit argues that civil immigration enforcement is strictly a federal responsibility.  Requiring that states participate in such actions violates the constitution’s tenets of separation of powers and federalism, the suit argues. 

A handful of communities across the state have enacted policies to prevent local law enforcement from aiding ICE enforcement. Milwaukee Police Department policy states that immigration enforcement is the authority of the federal government and local cops getting involved in the enforcement of immigration law could harm the department’s relationship with immigrant communities. 

“With a policing philosophy that is community-based, problem-oriented, and data-driven, we are committed to ridding the city’s streets of violent offenders regardless of whether such offenders are in the United States legally or illegally,” the policy states. “We are also committed to facilitating safe, sustainable communities where individuals are encouraged to report crime and provide the police with useful information and intelligence. However, proactive immigration enforcement by local police can be detrimental to our mission and policing philosophy when doing so deters some individuals from participating in their civic obligation to assist the police.” 

The Trump Administration’s threat to withhold VOCA funds comes as the program has already seen massive cuts. Last year, Wisconsin’s portion of federal VOCA grants dropped from $40 million annually to $13 million. 

Because of those previous cuts, shelters across Wisconsin have been struggling to make ends meet and retain the services available for victims of crime. 

“Victim services is not just about one person gets hurt and experiences trauma, and then they’re helped and they go on with their lives,” Shira Phelps, executive director of DOJ’s Office of Crime Victim Services, told the Wisconsin Examiner last year. “This is really about sort of taking away a foundation for communities that help in every other aspect. Housing, education, all of those different fields are going to feel this really deep impact.”