Fresno Ready to Sue Feds Over Threatened Rape Kit Funding Cut

The Trump administration is threatening to strip Fresno of $2 million in federal grant money the city uses to prosecute rapists — money currently being used to test 400 rape kits — unless the city signs an agreement to cooperate with Immigration and Customs Enforcement.

Fresno City Attorney Andrew Janz told USA TODAY he’s ready to sue. “Justice for victims shouldn’t be politicized. It has nothing to do with immigration enforcement,” he said.

The Justice Department sent Fresno a notice in June saying the city hadn’t signed a certification promising to cooperate with ICE and the Department of Homeland Security. Janz replied there was no mistake — Fresno won’t be helping ICE. He said that letter is likely the final step before the dispute heads to court.

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The bind: California state law prohibits sharing the type of information DOJ is demanding, and the 9th Circuit Court of Appeals has upheld that law as constitutional. Fresno has already gone to court over other federal grants the administration tied to different requirements.

A federal judge in California dealt the administration a blow July 9, ruling the government couldn’t withhold public safety grants to Oregon and California cities over immigration enforcement. Judge William Orrick wrote in a 68-page ruling that Trump overstepped, and agreed with Fresno and seven other cities that the strings attached to the grants “have nothing to do with or contradict the Congressional purpose.” The same judge ruled against similar funding restrictions during Trump’s first term in 2017 and again last year against 30 cities.

Fresno’s past results with the federal Sexual Assault Kit Initiative money: more than 2,500 backlogged kits tested, 33 new cases funded, four people convicted of rape. Janz, a career prosecutor, said his office filed more than 30 cases against suspected rapists using the federal money in Fresno alone.

More than 21 cities and counties that received grants to test rape kits are now classified by DOJ as “sanctuary jurisdictions” — locations the administration says “materially impede enforcement of federal immigration statutes.” In general, many of those places refuse to share information with ICE, hold people for ICE, or allow agents into their jails. The administration identified 12 states, 18 cities, and three counties on that list in October.

Other cities are making hard choices. Los Angeles County said it’s forgoing many federal grant opportunities. Miami signed on to ICE’s program and is now facing resident backlash. Seattle and San Diego launched court battles. Santa Cruz says it stands to lose FEMA grants, policing money, and a drought-resilience water project. Corvallis, Oregon, says its officers would lose Justice Department-funded body armor — about $27,000 over two years — and its ambulance service would be slower to respond to 911 calls.

Studies have shown that the testing of rape kits can identify common perpetrators across counties, and save communities millions of dollars by getting assailants off the streets. Janz called the situation “a bad time for them to hold up testing for victims of sexual assault. This is a no-brainer. Let’s help these victims get justice.”

DOJ spokesperson Wyn Hornbuckle declined to answer questions about Fresno’s grant, saying only that “applicants are required to submit a certification that they will comply with federal law.”

The Breakdown

• Fresno received a $2 million federal grant to test 400 rape kits — evidence that can identify rapists and connect crimes across jurisdictions.
• DOJ is threatening to withhold that money unless Fresno signs a certification promising to cooperate with ICE and share information with immigration authorities.
• California state law prohibits the type of information-sharing DOJ is demanding, and a federal appeals court upheld that law.
• Fresno City Attorney Andrew Janz said his office sent DOJ a letter confirming the city won’t sign the agreement, which he called likely the final step before a lawsuit.
• A federal judge ruled July 9 that the administration can’t withhold public safety grants over immigration enforcement, siding with Fresno and seven other cities.

What This Means for You

This is federal executive policy — the Trump administration directing the Justice Department to withhold grant money from cities classified as “sanctuary jurisdictions” — colliding with California state law. If you voted for Donald Trump in 2020 or 2024, or plan to in the future, this is how his administration is using its control over federal grant programs.

Concretely, the $2 million at stake funds the testing of rape kits that sit in evidence rooms — physical evidence from sexual assaults that can identify attackers, link them to other crimes, and get convictions. Fresno has used this program to file more than 30 rape cases and convict four people.

What You Can Do

Fresno City Attorney Andrew Janz can be reached through the City Attorney’s Office at Fresno City Hall if you have a view on whether the city should fight this in court or sign the agreement.

If you want to weigh in on the federal policy itself, your representatives in Congress are the ones who could pressure DOJ or pass legislation restricting this kind of grant condition. Fresno’s current representatives are determined by your district.

What to Watch

Janz said a lawsuit is the likely next step. If Fresno sues and wins — as happened with the July 9 ruling against similar restrictions — the city keeps the money and doesn’t have to sign the agreement.

Worth noting: a federal judge already ruled against nearly identical restrictions three separate times — 2017, last year, and July 9 of this year. The administration kept trying anyway.

The broader stakes: more than 21 cities and counties that got rape kit grants are now on DOJ’s “sanctuary” list. Portland was waiting eight months for kits to be tested as of 2024 and has hundreds in line. Los Angeles County’s administrative chief said the office stopped applying for federal rape kit money entirely because of the sanctuary classification, and administrators worry the county’s backlog would grow.

The trade-off being forced here: federal money that convicts rapists, or compliance with ICE. Janz said it has “nothing to do with immigration enforcement.”