Fresno sues over lost money due to Trump’s anti-DEI guidelines for federal grants
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- Fresno and 10 other jurisdictions sue federal agencies over DEI funding conditions.
- Lawsuit argues agencies exceeded authority by conditioning grants on DEI compliance.
- Plaintiffs seek declaratory relief that funding conditions are unlawful
The City of Fresno is joining 10 other local cities and counties in a lawsuit alleging the federal government is imposing unconstitutional restrictions on millions of dollars in grant funding.
The lawsuit cuts to the core of one of President Donald Trump’s campaign platforms: to dismantle diversity, equity and inclusion programs, otherwise known as DEI.
Trump, who has called the policies “reverse discrimination,” wants to return to merit-based opportunities.
As part of that effort, Trump effectively eliminated the use of the policy when it came to granting funding from federal agencies, including the Department of Homeland Security, the Federal Emergency Management Agency, Department of Interior and the U.S. Department of Justice.
“Defendants have imposed vague and unauthorized conditions on federal funds to coerce compliance with executive policy preferences. These actions exceed Defendants’ constitutional and statutory authority, erode the separation of powers, and disregard core constitutional and statutory protections,” according to the lawsuit filed Friday in the Northern District of U.S. Federal Court.
Fresno joins the cities of Santa Clara, Redwood, Santa Cruz, Beaverton, Corvallis, Hillsboro, Stockton and the counties of San Diego, Los Angeles and Santa Barbara.
Fresno’s city council on a 6-0 vote authorized City Attorney Andrew Janz to join the lawsuit.
In the lawsuit, Fresno identifies several grants that are threatened by the new policy. In fiscal year 2024, Fresno was awarded a $297,935 Justice Assistance Grant that provided crucial funding to support a range of program areas including law enforcement, prosecution, indigent defense, courts, crime prevention and education, corrections and community corrections.
Fresno declined to apply for certain DOJ grants in FY 2025, including the Office of Community Oriented Policing (COPS) Community Policing Development Microgrant and the Law Enforcement Mental Health and Wellness Act Program grant because the application required the submittal of DEI and immigration-related certifications, according to the lawsuit.
Fresno also utilizes Department of Interior grant programs and FEMA.
The city currently has two active WaterSMART grants administered by the Bureau of Reclamation: a $734,452 grant being used to install an on-site wellhead treatment system to remove naturally occurring contaminants from existing municipal potable water supply. And there is a $379,390 WaterSMART Water and Energy Efficiency grant being used to purchase, install, and program 1,500 smart irrigation timers for residential customers.
The Fire Department relies on a $702,727 Assistance to Firefighter Grant to protect the health and safety of the public and its firefighting personnel against fire and fire-related hazards and a $7,347,000 Staffing for Adequate Fire and Emergency Response grant to help increase the number of firefighters to meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, according to the lawsuit.
Officials with the Department of Homeland Security did not respond to a request for comment.
The plaintiffs are seeking declaratory relief establishing that the funding conditions are unlawful and unconstitutional.
“Absent judicial intervention, Plaintiffs will continue to face the untenable choice of either acquiescing in unlawful conditions or forfeiting critical federal funding necessary to carry out essential public safety, public health, and environmental programs,” the lawsuit states.
