S.D., San Jose suing DOJ over funding to investigate cyber crimes against kids

SAN DIEGO (KESQ) - The cities of San Diego and San Jose are suing the U.S. Department of Justice for allegedly placing unconstitutional requirements on the cities in order for them to receive funding for the investigation of internet crimes against children.

The lawsuit filed Friday in San Diego federal court states that grants for the Internet Crimes Against Children Task Force Program are now conditional upon the cities following DOJ requirements that are unrelated to investigating crimes against children and are unlawful to impose on the cities.

Among those conditions are requirements for the cities "to provide unspecified access to U.S. Department of Homeland Security agents and comply with DHS requests," the San Diego City Attorney's Office said.  

The lawsuit says the requirements could force the cities to comply with civil immigration detainer requests, in which ICE asks local law enforcement to hold people in custody after their release date. The lawsuit states some courts have held that complying with civil immigration detainer requests without probable cause is a violation of the Fourth Amendment and could open the cities to civil liability.

Another condition requires that the cities don't operate any programs that violate "any applicable federal civil rights or nondiscrimination laws."

The lawsuit states that the DOJ has "lately cast doubt on the well-established scope of what federal antidiscrimination and civil rights laws prohibit'' as its recent guidance on antidiscrimination laws has included "prohibiting any program or activity that factors diversity, equity, or inclusion."  

The San Diego City Attorney's Office said that without ICAC funding, local law enforcement ``would face severe resource constraints that could jeopardize its ability to respond to thousands of CyberTip reports and conduct forensic investigations."

In San Diego, ICAC Grant funding "is critical to SDPD's ability to effectively combat internet crimes against children'' and is used to obtain "specialized forensic equipment necessary to examine digital devices and online evidence, trainings for investigators and forensic examiners, and community education programs,'' the lawsuit states.   

"These conditions have nothing to do with protecting children from online predators,'' San Diego City Attorney Heather Ferbert said in a statement. "Congress created the ICAC program to fund investigations and prosecution of internet crimes against children, not to coerce local governments into adopting unrelated policy positions. Our lawsuit seeks to ensure that San Diego can continue its vital work safeguarding children without being forced to choose between unconstitutional conditions and losing critical funding."

The lawsuit is one of several filed by the city over the past year that alleges federal funding is being threatened unless municipalities adopt Trump administration policies.

One filed last fall by over two dozen local governments, including San Diego's, alleges that over $350 million in Department of Homeland Security and Federal Emergency Management Agency grants are conditioned upon the local governments taking part in the federal government's immigration enforcement policies, while abandoning their own diversity, equity, and inclusion initiatives.