San Diego, February 3, 2026
San Diego and San Jose cities are suing the U.S. Department of Justice, arguing that new conditions on ICAC grant funding are unconstitutional and irrelevant to tackling internet crimes against children. The lawsuit contends that requirements to grant access to Homeland Security agents and comply with immigration detainer requests could compromise local law enforcement’s efficacy. The outcome of this lawsuit may significantly impact resource availability for local authorities fighting child exploitation online.
San Diego and San Jose Sue DOJ Over Cyber Crime Funding Conditions
San Diego, California – The cities of San Diego and San Jose have filed a lawsuit against the U.S. Department of Justice (DOJ), challenging new conditions imposed on grants for investigating internet crimes against children. The cities argue that these requirements are unconstitutional and unrelated to the core mission of the funding.
Details of the Lawsuit
The lawsuit, filed in San Diego federal court, contends that the DOJ has attached conditions to the Internet Crimes Against Children (ICAC) Task Force Program grants that are not pertinent to combating child exploitation. Among the contested conditions are:
- Access to Homeland Security Agents: The cities are required to provide unspecified access to U.S. Department of Homeland Security agents and comply with their requests.
- Immigration Detainer Compliance: The conditions could compel local law enforcement to honor civil immigration detainer requests, which some courts have found to violate the Fourth Amendment without probable cause.
- Non-Discrimination Policies: The cities must not operate programs that violate any applicable federal civil rights or nondiscrimination laws, a stipulation that the lawsuit argues is vague and conflicts with California’s policies.
Implications for Local Law Enforcement
San Diego City Attorney Heather Ferbert emphasized the critical role of ICAC funding in supporting local law enforcement’s efforts to combat internet crimes against children. The funding is essential for:
- Acquiring specialized forensic equipment for examining digital devices and online evidence.
- Providing training for investigators and forensic examiners.
- Conducting community education programs.
Without this funding, the cities face significant resource constraints that could jeopardize their ability to respond to numerous CyberTip reports and conduct thorough investigations.
Background Context
This legal action is part of a broader pattern of California cities challenging federal policies that they believe unlawfully impose conditions on federal funding. Previously, the state has filed lawsuits to protect federal funds from being withheld due to non-compliance with federal immigration enforcement policies. These efforts aim to preserve local autonomy and ensure that federal funds are used for their intended purposes without unconstitutional conditions.
Frequently Asked Questions (FAQ)
What are the new conditions imposed by the DOJ on ICAC grants?
The DOJ has imposed conditions requiring cities to provide unspecified access to Homeland Security agents, comply with civil immigration detainer requests, and ensure their programs do not violate federal civil rights or nondiscrimination laws.
Why are San Diego and San Jose suing the DOJ?
The cities argue that the DOJ’s new conditions are unconstitutional and unrelated to the core mission of the ICAC grants, which is to combat internet crimes against children.
What could be the impact on local law enforcement if the lawsuit is unsuccessful?
Without the ICAC funding, local law enforcement agencies in San Diego and San Jose could face severe resource constraints, potentially jeopardizing their ability to respond to numerous CyberTip reports and conduct thorough investigations into internet crimes against children.
Key Features of the Lawsuit
| Feature | Description |
|---|---|
| Parties Involved | San Diego and San Jose cities vs. U.S. Department of Justice |
| Legal Basis | Alleged unconstitutional conditions imposed on federal grants |
| Core Issue | Conditions unrelated to investigating internet crimes against children |
| Specific Conditions Challenged | Access to Homeland Security agents, compliance with immigration detainer requests, and non-discrimination policies |
| Potential Impact | Resource constraints affecting local law enforcement’s ability to combat internet crimes against children |
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