When The Feds Say "Do This" And "Don't Do This" At The Same Time

     There are a number of Federal grant programs, some dating back decades, that aim to help survivors of domestic abuse, human trafficking and violent crime.*  Many of them are written in such a way that the immigration status of the victim is no bar to getting such aid, and some even have provisions to make it possible for victims to seek permanent residency.  The notion is that crime is crime, victims ought not be made to suffer further, and escaping an abuser shouldn't make it less likely that a person could get permission to stay here and even work towards citizenship.  For most of these, the money flows to individual states, and from them to non-profit aid groups (as well as local police, prosecutors and public defenders).

     Mr. Trump's Justice Department is no fan of such open-handedness, especially the sweeping inclusion in the Violence Against Women Act, and has issued guidelines restricting the kinds of legal services this money can be used to provide to people without legal status in the U.S.

     The problem is, that's not what the law says.  That leaves the states stuck at a fork: they can obey Federal law, passed (and later reauthorized) by Congress and signed by Presidents, and get sideways with Justice in the doing, or they can go along with DOJ's guide, and get sued six ways from Sunday for noncompliance by attorneys for the victims who don't get help.  Unsurprisingly, twenty states opted to do the suing themselves, and are hoping the courts will sort out the contradiction.  The clock is ticking; unless there's a preliminary injunction or other resolution, the new rules go into effect in November, and it's not entirely clear what is and isn't covered.

     This is one part of a broader tangle of preexisting Federal law, contradictory Administration guidance, and puzzled state agencies and nonprofits suing to hold the status quo or at least get the courts to weigh in on which set of rules to follow.  Do we follow the law, or Executive Branch whim?  At one time, I thought the proper course would be obvious to nearly every American; these days, I'm not so sure.
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* Violence Against Women Act, Victims of Crime Act, and, slightly less directly, Byrne Justice Assistance Grants, among others.