'That's completely backwards': Republicans escalate fight over California's Nick Shirley law

WASHINGTON, DC: Republicans are escalating their fight over California's Nick Shirley law, asking the Justice Department to investigate and challenge the measure before it takes effect.

The law prohibits people from posting photos or personal information about an immigrant services provider online when done for purposes of harassment or violence.

It also allows an immigrant services provider to sue in court and seek at least $4,000 in damages from someone who violates it.

Nine members of Congress said the law could interfere with efforts to expose alleged fraud involving immigrant services providers.

The lawmakers made the request in a letter first shared with The California Post, as Shirley and state Republicans consider challenges of their own, the New York Post reported on Friday, August 28.

Republicans urge DOJ to intervene

The lawmakers, led by California Rep James Gallagher, asked US Attorney General Todd Blanche to investigate the measure and take legal action to stop it from taking effect, according to the report.

“The important work of uncovering and addressing fraud is just beginning, and yet California Democrats and Governor Newsom are taking brazen and potentially unconstitutional steps to impede it,” the letter said.

Gallagher was joined by California Reps Vince Fong, Young Kim, and Tom McClintock, along with Rep August Pfluger, chairman of the Republican Study Committee.

Republicans have dubbed the measure the “Stop Nick Shirley Act,” referring to the YouTuber who has confronted immigrant services providers over alleged fraud and posted the encounters online.

In their letter, the lawmakers argued that President Donald Trump's administration has made tackling fraud a priority and said challenging California's law is part of that mission.

“We must close every loophole exploited by fraudsters and supported by Governor Newsom,” the letter said.

Critics dispute the law's reach

California Governor Gavin Newsom, a Democrat, signed the law last week that will take effect in October 2027. 

Critics argue the legislation could go beyond protecting workers from threats and have a chilling effect on people trying to expose alleged wrongdoing, the report said.

They have also questioned whether Shirley's videos were a factor in the law after his posts spotlighted alleged fraud involving immigrant services providers.

Fong said Shirley's reporting had raised questions about alleged fraud and argued the new law creates legal risks around reporting and publishing information about those involved.

“Instead of making it easier to investigate those allegations, Newsom signed a law that creates new legal risks around reporting and publishing information about the people involved. That is exactly backwards,” Fong said.

Nick Shirley allies consider legal challenges

Gallagher similarly criticized the measure, saying Californians should be able to learn where public money is going, and journalists should be able to investigate the facts.

“This is classic Sacramento. Instead of going after fraud and demanding answers about where taxpayer dollars are going, they pass a law that could make it harder for people to expose it,” Gallagher said. “That’s completely backwards. Californians deserve to know where their money is going, and journalists should be able to follow the facts without Sacramento getting in the way.”

Shirley and state Republicans discussed potential challenges at a Sacramento rally on Wednesday, where the YouTuber hinted at testing the law. Allies also promised to sue if it is used to prosecute Shirley or others like him.

“We pledge to defend every single one of you, and everyone like Nick, who is challenged in court from zealous prosecutors trying to shut you down,” Brad Dacus, an attorney at the Pacific Justice Institute, said. “They will not get away with it.”

Shirley and the congressmembers have claimed the law could prevent journalistic work like his videos and violate the First Amendment by prohibiting what can be posted.

Assembly member Mia Bonta, who authored the law, rejects that characterization. She said the measure does not affect journalists and is intended to boost the privacy of workers serving immigrants.

“I welcome protest. I welcome a free press holding this state accountable. What I don’t welcome is violence against people whose only guilt is trying to serve their neighbors,” Bonta said in a video posted Thursday.