California Law Targeting Immigration Groups Faces First Amendment Challenge

California Gov. Gavin Newsom signed a law last week creating privacy protections for immigration support service providers, their employees and volunteers. State Assemblyman Carl DeMaio announced plans to challenge the measure in court, calling it an unconstitutional attempt to shield taxpayer-funded organizations from public scrutiny.

The law shields the addresses of these groups and imposes penalties on individuals who publish their images on social media platforms. It takes effect Oct. 1.

DeMaio contends the law criminalizes investigative journalism. "It basically makes it illegal for a citizen journalist to document fraud of taxpayer money and post that on the internet," he said.

Opponents have dubbed the measure the "Stop Nick Shirley Act," referring to a viral independent investigator who has documented alleged fraud. DeMaio alleges the law specifically targets online watchdogs. Newsom's office dismissed the criticism as "political theater," stating the law "has nothing to do with Nick Shirley" or efforts to hide fraud.

DeMaio described California's fraud problems as severe, asserting they dwarf Minnesota's fraud issues. He cited taxpayer-funded nonprofit organizations that he claims receive public money but do not deliver actual services.

These organizations, DeMaio said, "organize rallies, they harvest ballots, they endorse candidates and ballot measures during campaigns, and they are an extension of the Democrat Party."

DeMaio confirmed his team has identified a plaintiff and is preparing legal briefs. He said it is "a matter of time before we're going to get before a judge to stop this act."

He is also seeking U.S. Department of Justice intervention, calling the law an "open-and-shut infringement on our First Amendment rights." DeMaio said he has been in dialogue with the Justice Department's Office for Civil Rights regarding the measure and that those discussions have led to a "game plan" for court proceedings to overturn the law.

In a California Post op-ed, DeMaio accused Newsom and state Democrats of knowingly advancing an unconstitutional law to deter investigations into alleged government fraud. "He's a bully trying to silence citizen watchdogs into not exercising their First Amendment rights," DeMaio said of the governor.

The law shields the addresses of these groups and imposes penalties on individuals who publish their images on social media platforms. It takes effect Oct. 1.

DeMaio contends the law criminalizes investigative journalism. "It basically makes it illegal for a citizen journalist to document fraud of taxpayer money and post that on the internet," he said.

These organizations, DeMaio said, "organize rallies, they harvest ballots, they endorse candidates and ballot measures during campaigns, and they are an extension of the Democrat Party."

DeMaio confirmed his team has identified a plaintiff and is preparing legal briefs. He said it is "a matter of time before we're going to get before a judge to stop this act."