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…