San Diego and San Jose sue U.S. Justice Department over conditions tied to child cybercrime funding

Two California cities challenge federal grant requirements for Internet Crimes Against Children investigations

San Diego and San Jose have filed a federal lawsuit against the U.S. Department of Justice (DOJ), arguing that new conditions attached to funding for investigations into online crimes against children are unlawful and unrelated to the purpose of the grant program. The suit was filed in federal court in San Diego in early February 2026 and targets requirements tied to the Internet Crimes Against Children (ICAC) Task Force Program.

The dispute centers on federal grants that help local law enforcement investigate technology-facilitated child sexual exploitation, including digital forensics, specialized training, victim-related work, and community education. The national ICAC network was developed in 1998 and consists of 61 task forces involving thousands of participating law enforcement and prosecutorial agencies across the United States. In fiscal year 2024, ICAC task forces reported conducting more than 200,000 investigations and making more than 12,000 arrests.

What the cities say is at stake

San Diego’s City Attorney’s Office has said the challenged conditions would require the cities to provide unspecified access to Department of Homeland Security (DHS) agents and to comply with DHS requests. The lawsuit argues that such terms are not connected to investigating online crimes against children and that they pressure local governments to take actions beyond the scope of the ICAC program.

One concern raised in the suit involves civil immigration detainer requests, under which federal immigration authorities may ask local law enforcement to hold individuals beyond their scheduled release. The cities argue that complying without probable cause can create constitutional risks and potential civil liability.

The lawsuit also challenges a grant condition requiring recipients not to operate programs that violate “any applicable federal civil rights or nondiscrimination laws.” The cities contend that recent federal interpretations of nondiscrimination requirements could be applied broadly, creating uncertainty for local initiatives and policies not directly connected to child-exploitation investigations.

• The cities seek to preserve access to federal resources used for digital-device examinations and online evidence collection.
• They also cite the operational impact on staffing, training, and the ability to process large volumes of child-exploitation tips and leads.

How DOJ grant conditions have become a recurring legal battleground

The lawsuit arrives amid ongoing, wider legal conflicts over whether the federal government can condition public-safety funding on cooperation with immigration enforcement or other policy priorities. Federal courts have previously scrutinized efforts to tie federal dollars to local immigration policies, with rulings in multiple cases focusing on constitutional limits governing how federal agencies can use grant conditions to influence state and local action.

At issue in the new case is whether the contested conditions are sufficiently connected to the ICAC program’s statutory purpose—investigating and prosecuting online crimes against children—to be legally imposed on local governments.

What comes next

The case is expected to proceed through motions in federal court, where the cities will ask a judge to block enforcement of the disputed conditions and to clarify what requirements the DOJ may lawfully attach to ICAC funding. The outcome could affect not only the two cities’ access to investigative resources, but also how future ICAC grant awards are structured nationwide.