Lawmaker: Bill before Senate poses ‘serious first amendment concerns’

RIVERSIDE, Calif. (KESQ) - A bill under scrutiny in the state Senate threatens to "impede lawful journalism" by fining independent content creators who show people or places possibly misusing taxpayer money, an Inland Empire lawmaker said today, while the legislation's sponsor asserts the proposal is necessary to promote the "safety, privacy and continuity'' of services vital to immigrants.

Assembly Bill 2624, authored by Assemblywoman Mia Bonta, D-Oakland, seeks to add "immigration support services'' providers to the list of entities that qualify for protected status under the "Safe at Home Program" established almost 30 years ago and managed by the California Office of the Secretary of State.  

The bill was approved by the Assembly last month on a largely party-line vote of 57-19, with Democrats in the majority. It's currently in the Senate Judiciary Committee.   

Before the bill's debate on the Assembly floor, all Riverside County Assembly members, on both sides of the aisle, were asked for position statements, but none responded to City News Service's inquiries.

After the bill moved to the Senate, all area state senators were also asked to comment, but only Sen. Rosilicie Ochoa Bogh, R-Beaumont, has replied.   

"I oppose AB 2624 because it goes beyond addressing confidentiality and raises serious First Amendment concerns by restricting truthful, lawfully obtained information and creating new penalties that are tied to the content of speech itself, rather than unlawful conduct,'' Bogh said.

Bonta, who is the wife of California Attorney General Rob Bonta, said AB 2624 is intended to "strengthen protections for individuals working in immigrant service roles ... who may face risks, such as doxxing, harassment or threats due to the nature of their work.''

The bill's leading designation, ``immigration support services,'' denotes entities geared to health or hospice care, legal advocacy, translational and job referral operations within communities not native to the United States.

If passed into law, AB 2624 would set the stage for potential civil and criminal penalties, with starting fines of at least $4,000 for violations. By adding immigration services to the Safe at Home Program, entities who apply to the state and are granted confidentiality protections would be treated the same as those working in abortion clinics, victims of domestic violence with restraining orders, elder abuse victims and people who have been targeted by stalkers.

The immigrant services businesses would be able to have mail processed and delivered by the Office of the Secretary of State in order to keep their physical locations unpublished, and the entities' employees could take legal action against anyone who records videos or photographs of them for public circulation, according to the bill.   

The text of the proposal recognizes that a ``limitation on the public's right of access to ... public bodies or agencies'' would result if the bill becomes law. However, supporters, like the Coalition for Humane Immigrant Rights, argue it's necessary for immigrant-oriented entities to ``work without fear for their safety.''   

"By shielding staff and volunteers from exposure to online harassment, AB 2624 allows them to continue providing advocacy and community resources effectively,'' the organization said.

Among the most vigorous opponents to the proposal is Assemblyman Carl DeMaio, R-San Diego, who joined others in dubbing AB 2624 the ``Stop Nick Shirley Act,'' in reference to the young man whose videos on alleged child care fraud within the Somali community in Minneapolis went viral last fall, showing mostly empty businesses run by Somali immigrants and no children on-site.

DeMaio has praised Shirley as a ``citizen journalist ... investigating waste, fraud and abuse'' tied to Medicaid recipients receiving tens of millions in federal tax dollars for programs that appear to exist only on paper.

Federal investigations that began before Shirley's videos, and others initiated afterward, have led to nearly 100 indictments, tied either to alleged COVID-related relief fraud, or thefts from federally supported child nutrition programs, according to the U.S. Department of Justice.

Shirley visited elder care and other facilities receiving Medi-Cal support in the Los Angeles metropolitan area during the late winter and early spring. He was sometimes met by hostility. His recordings appeared to show businesses with a few employees but no clients.

``You have people here driving around in BMW M8 Competitions, Teslas and Mercedes,'' he said outside one location while walking among parked vehicles. ``It's time to stand up to these fraudsters and let them know, `You are stealing from everyday American citizens.'''

Soon afterward, the state Office of the Attorney General announced 21 arrests in connection with a $267 million hospice fraud scheme using Medi-Cal dollars.

``Unlike prior Safe at Home expansions, which focused on at-risk groups, AB 2624 restricts the online posting of personal information or images in ways that could impede lawful journalism, advocacy and documentation,'' Bogh said. ``We can protect vulnerable people without crossing constitutional lines."  

Bonta stood by her bill, remarking that it ``promotes safety, privacy and continuity of essential services, reinforcing public confidence and ensuring those serving communities across California can carry out their responsibilities securely.''