Protect your sources, protect yourself
Your public media playbook for press freedom and needed immigration reporting
The Kilmar Armando Abrego Garcia case has put a critical spotlight on one of the nation’s flashpoint issues.
With the Trump administration taking extraordinary measures around immigration, reporters are experiencing unique challenges, including accessing critical records and navigating restrictive government policies to protecting sources and mitigating legal risks. 📋
For for public media journalists, who already face scrutiny for their work, the difficulties facing us feel overwhelming.
The current administration’s focus on immigration is evident in its aggressive use of executive orders, detentions and deportations. From ads to powerful databases, the administration has been unwavering in its position. 🗄️ The latest measures not only create an atmosphere of uncertainty and fear among immigrant communities, but also pose serious questions for public media organizations tasked with covering these events. Journalists must now contend with an environment where government transparency is often compromised and press freedoms face unprecedented hostility.
Here are ways to help your community to navigate these waters while maintaining accuracy and safeguarding your work.
Public records persistence
Reporters should still file Freedom of Information Act requests with agencies such as Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, Customs and Border Protection and the Executive Office for Immigration Review. These requests can yield valuable records, including detention data, internal policies, financial records and federal contracts that reveal the inner workings of immigration enforcement. 📄 In cases where most detainees are housed in private facilities that escape FOIA oversight, journalists can turn to the Department of Homeland Security’s Office of Inspector General for inspection reports.
What I am increasingly reading is how experts emphasize that persistence is key. A strongly worded follow-up or consulting with legal counsel can turn a denial into a breakthrough. 📝 Additionally, requesting documents from state and local agencies that collaborate with ICE can provide insights into how local governments support federal immigration policies.
It is crucial that public media organizations maintain a strategy when approaching these requests. You should know exactly what records will bolster your stories. Plan now on how to address delays or partial disclosures. 🚪
Protect your sources
Public media journalists reporting on immigrant communities face heightened risks, not least because vulnerable sources may fear retaliation. As prominent voices attempt to discredit our work whole cloth, public media must be especially vigilant in sourcing.
Without a federal shield law, many reporters must rely on state-level “reporter’s privilege” statutes. The Reporters Committee for Freedom of the Press is among many groups with important guidance. In brief, the scope of these laws varies considerably across states, with some protections afforded only to those affiliated with (e.g. employed by) established media outlets.
Beyond technical safeguards, maintaining meticulous records of interactions and data sources is critical. Detailed note-taking, timestamping documents, and cross-checking facts can help journalists defend their reporting against potential legal challenges. 💼 It is essential that public media organizations know the extent of legal protections in your jurisdiction and take proactive measures such as using separate devices for sensitive reporting and anonymizing images and identifying details. This is especially important when reporting on contentious issues like private detention facilities, where legal liability can be more readily pursued against individuals not considered public figures.
Knowing your risks
The legal landscape for media coverage is fraught with potential pitfalls. The administration’s aggressive stance towards the press necessitates that newsrooms prepare strong and clear editorial frameworks and legal resources before any stories are published. Such preparation involves extensive fact-checking, pre-release reviews and securing liability insurance to guard against defamation lawsuits. For instance, understanding state anti-SLAPP laws can provide a buffer against strategic lawsuits intended to stifle public debate. The Public Participation Project documents many of these. With 35 states offering some degree of protection against such lawsuits, reporters can mitigate legal risks by ensuring that their work is both meticulously documented and legally vetted.
Pro bono support can be invaluable during pre-publication reviews, but establishing long-term legal support is crucial for sustained coverage. 📌 This proactive approach not only shields public media journalists, but also strengthens the integrity of their reporting, ensuring that any potential legal issues are addressed before they become major obstacles.
Engaging with communities
Effective coverage of the immigration crackdown is not solely about gathering data—it also involves engaging with the community. Public media reporters should build relationships with local immigrant rights groups, legal aid organizations and community organizers. These partnerships can provide additional context to government actions and lend credibility to investigative reports. Resources such as open records guides and toolkits, which outline strategies for obtaining and using public records, can also empower journalists to hold public officials accountable.
Also, attending immigration hearings and engaging with legal experts can offer firsthand insights into how enforcement practices affect individual lives. 📁 While some hearings may be closed to protect sensitive information, others remain accessible to the press, provided that journalists consult guidelines set forth by the Department of Justice and local courts.
How are you feeling?
Covering an immigration crackdown amid a climate of increased executive power and press hostility requires public media journalists to be resilient and resourceful. There is still room for reporters to shine a light on practices that impact millions of Americans. 🛡️ You can not only report the facts accurately, but also contribute to a more informed public discourse on one of the most pressing matters of our time.
How can public media best uphold the fundamental principles of press freedom and government accountability in an era when both are under significant strain? What tools should your colleagues be using? I’d love your thoughts. 🟢
Cafecito: stories to discuss ☕
Americans’ attitudes about deportation. Pew Research Center has new polling on public opinions about deportations. About one-third of respondents say all immigrants in the U.S. illegally should be deported, while 51 percent say at least some should be deported. 👨👩👦
The Latino Newsletter goes more into the data.
Arizona media unites. According to MSN, Spanish-language outlets in the state are coalescing to inform audiences about their rights if stopped amid immigration actions. 🫷
AI to blame. After the story of famous Black and Hispanic veterans getting scrubbed off government websites went viral, the Trump administration now says artificial intelligence is at fault for the removals. As covered by Rolling Stone. 🤖
Lawmaker shifts. Mike Madrid, who is emerging as public radio’s go-to lately, argues on KJZZ that Latine legislative caucuses are becoming irrelevant amid the splintering of Hispanic voting habits. 🙈
El radar: try this 📡
Spotlight your area’s business boosters. We’re seeing a lot of articles on declining Latine businesses amid the immigration headlines. WRIC covers a Virginia effort to bolster regional business. 🍻
Seek out stories of older Hispanics. Denverite (the partner of Colorado Public Radio) reports on Conectoras de Montbello. It launched in 2016 as a pilot of Latino Age Wave Colorado, and connects older Latinos in a majority Latino neighborhood to local resources and fosters community ties. 👥 The program has grown into a comprehensive social group and resource center that now serves hundreds of families.
Track Latinx college enrollment. PublicSource has a new investigation on declining Black and Latine students at Pittsburgh institutions. One might anticipate data is available near you. 🧠
Follow up on past voter issues. CalMatters went back to a six-year-old story on a judge who ruled Santa Monica’s system discriminates against Latinos, only to find that little had changed afterward. ☕ Judges have made rulings like this nationwide, so it’s a valuable discussion to reignite.
The next OIGO arrives Apr. 25. SRCCON has announced that my AI session with Michael Olson is among the features of the 2025 conference in July. 🕰️ If you’re in the Minneapolis area, come say hi. In the meantime, join me next week for a presentation for Public Media Innovators.
You can buy me a coffee if you’d like to support the newsletter.