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Push to protect immigration workers who raise 1st amendment concerns

The debate over immigration has reached a fever pitch across the country, and Angelica Salas said it's putting her staff at risk.

Salas, the executive director of the Coalition for Humane Immigrant Rights, said his staff faced harassment and death threats.

“They wonder, what if someone who disagrees with our work finds out where I live, will my family be safe?” Salas said, speaking to state lawmakers at a recent legislative hearing.

Salas was speaking in support of Assembly Bill 2624, which would provide privacy protections to those who face harassment by working or volunteering with organizations that provide legal aid and assistance to immigrants. The bill would create an address confidentiality system, like the one already offered to reproductive health workers, and prevent people and businesses from selling or posting photos or personal information about protected people online.

The move has angered Republicans, who say it could have a negative impact on free speech and the press. Assemblyman Carl DeMaio (R-San Diego) called it the “Stop Nick Shirley Act” and said it would prevent right-wing social media influencers like Shirley from conducting immigration-related investigations in California.

Assemblywoman Mia Bonta (D-Alameda), who authored the bill, said the proposed law would help keep people safe — but several 1st Amendment experts this week told The Times the bill could have unintended consequences.

“There may be reasons for concern,” said Jason Shepard, a professor of media and communications law at California State Fullerton. “It shows the government's legitimate and important interest in protecting people from harassment and threats. But at the same time, this bill criminalizes the publication of information.”

The law defines “personal information” as anything that identifies, describes or relates to protected individuals, including their names, addresses, telephone numbers, geographic descriptions, driver's licenses, financial information, license plate numbers and places of employment.

Shepard said the potential new law could be applied unevenly, and the language could have a negative impact on investigative journalism.

Given the different political climate, Shepard said the law could cause other groups to ask for the same protection, as those who work in different fields face heated arguments or attacks.

“This is not just for people who work in immigration services; this can apply to anyone holding a public debate today,” she said.

Carolyn Iodice, director of policy for the Foundation for Individual Rights and Expression, known as FIRE, said the organization has seen an increase in laws around the country using privacy protections for those working in certain occupations.

He pointed to a law passed a few years ago in New Jersey that protects the addresses of judges, prosecutors and police. The law was used in 2023 to prevent the editor of New Brunswick Today from publishing an article about a police chief who lived two hours outside the city.

“Obviously it was newsworthy, but this officer was able to apply the law to this reporter, and that's the kind of thing we're concerned about,” said Iodice. “When you think about giving potentially a large number of people the power to just block anything from being put online by them – it can be easily abused.”

David Loy, legislative director of the nonpartisan First Amendment Coalition, said the measure would consider free speech for all citizens, not just those who insult or threaten immigration workers.

“Someone may have a legal dispute with them and want to refer to it online,” he said. “But they could be silent [that person] from referring to them in a Yelp review or a Facebook post that has nothing to do with threatening them — and that goes beyond the 1st Amendment.”

Loy said the coalition has reached out to Bonta's office and hopes to help fix the bill.

Meanwhile, this law continues to be considered by Republicans.

“We exposed CA Democrats with the 'Stop Nick Shirley' law that silences citizen reporters who expose their fraud and corruption,” DiMaio wrote this week on social media.

Shirley released a viral video last year alleging fraud at a Somali-run immigrant care center in Minneapolis. He recently shared videos of himself in Sacramento confronting Democrats who support Bonta's bill.

“The enemy is truly within,” Shirley wrote on Instagram. “If our politicians choose to protect smugglers and illegal immigrants, it's time to stand up or face massive repression from traitors.”

Bonta dismissed claims that the bill was aimed at blocking journalists, saying in a press release that “right-wing aggressors” and “dysfunctional legislators” were deliberately spreading false information.

Bonta spokesperson Daniel McGreevy said the bill has a specific goal of protecting immigration service providers. He said the office is working to amend the law to address the issues and welcomes honest discussions.

The bill is moving through the provincial Legislature and was recently referred to Parliament's Appropriations Committee.

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