Fresno Faces Federal Threat to Rape Kit Funding Over Immigration Enforcement Dispute

Fresno City Attorney Andrew Janz says the city is prepared to sue the federal government after the Trump administration threatened to withhold $2 million in grant money used to process rape kits, calling the move a politicization of justice for sexual assault victims.

The threat is part of a broader federal campaign pressuring cities classified as “sanctuary jurisdictions” to sign cooperation agreements with Immigration and Customs Enforcement. The Justice Department in October identified 12 states, 18 cities and three counties that it said “materially impede enforcement of federal immigration statutes.” Fresno was among the jurisdictions targeted.

In June, DOJ grant administrators sent Fresno a notice that the city had not signed a certification saying it would cooperate with the Department of Homeland Security and ICE. The city is currently in the middle of using its $2 million grant to test a batch of 400 rape kits.

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Janz told USA TODAY that the situation puts the city in a bind because state law prohibits sharing the type of information federal authorities are demanding, and the 9th Circuit Court of Appeals has upheld the constitutionality of that law. “Justice for victims shouldn’t be politicized. It has nothing to do with immigration enforcement,” he said.

The city attorney said his response letter to the DOJ warning is likely a final step before the dispute heads to court. Fresno has already gone to court over other grants tied up by the administration’s campaign against diversity, equity and inclusion.

A California federal judge dealt a blow to the Trump administration on July 9 when he ruled the federal government couldn’t withhold public safety grants to Oregon and California cities. Judge William Orrick wrote in a 68-page ruling that Trump overstepped, and he agreed with Fresno and seven other cities that the strings attached to the grant “have nothing to do with or contradict the Congressional purpose.”

The same judge ruled last year that Trump couldn’t deny funding to Boston, Chicago, Denver, Los Angeles and 30 other cities over a lack of immigration enforcement cooperation. He made a similar ruling in 2017 during Trump’s first term.

Fresno previously made use of federal Sexual Assault Kit Initiative grants, testing more than 2,500 backlogged kits, funding 33 new cases, and convicting four people of rape. Janz, a career prosecutor, said his office filed more than 30 cases against suspected rapists with the federal money in Fresno alone.

More than 21 locales that initially received grants to test rape kits are now considered “sanctuary jurisdictions” by the federal government. The $350 million Sexual Assault Kit Initiative is paid for by federal grants.

The Justice Department declined to answer questions about the future of Fresno’s grant. Spokesperson Wyn Hornbuckle wrote in an email that “applicants are required to submit a certification that they will comply with federal law.”

The Breakdown

• The Trump administration is threatening to withhold $2 million in federal grant money from Fresno that the city uses to process rape kits.
• The threat stems from Fresno’s classification as a “sanctuary jurisdiction” that doesn’t cooperate with ICE immigration enforcement.
• DOJ sent Fresno a notice in June requiring the city to sign a certification agreeing to cooperate with the Department of Homeland Security and ICE or risk losing the money.
• Fresno is currently using the grant to test 400 rape kits and refused to sign, citing California state law that prohibits sharing such information with federal immigration authorities.
• A federal judge ruled July 9 that the Trump administration overstepped in trying to withhold public safety grants from Fresno and seven other cities.
• The dispute will likely go to court, according to City Attorney Andrew Janz.

What This Means for You

Fresno is in the middle of using its $2 million grant to test a batch of 400 rape kits, and that funding is now at risk of being stripped. The city has used previous grant money to test more than 2,500 backlogged rape kits and convict four people of rape.