Halo Act: Kansas law bars approaching local, federal officers within 25 feet

A Kansas state law barring anyone from being within 25 feet of first responders engaged in their duties is coming under fire from some free-speech advocates, who say the bill violates the First Amendment and would be harmful as federal immigration raids continue throughout the state and country.

The Halo Act, which became law effective July 1 after the Republican-led Kansas legislature overrode the Democratic governor's veto of the bill, makes it a misdemeanor for civilians to approach  local and federal law enforcement, such as Immigration and Customs Enforcement officers, "while such first responder is engaged in the performance of such first responder's duties."

Officers are asked to give a warning, instructing the civilian to move back 25 feet. If they don't comply, the civilian will be charged with a class B misdemeanor, which carries a penalty of a fine of up to $1,000 and six months in jail, the law states.

Some free speech advocates in the state protested the legislation during its arguments last year and this year and warned that it violates the First Amendment.

The Kansas American Civil Liberties Union stressed in a social media post last week that bystanders would only be able to record interactions by law enforcement outside of the 25-foot buffer zone.

The Halo Act is under more scrutiny now following reports of recent increased ICE enforcement in Kansas and other states, advocates argued recently.

Emily Bradbury, the executive director of the Kansas Press Association, testified multiple times during the legislative sessions and argued that there are already laws in the books that prevent civilians from interfering with law enforcement.

"We believe this law is unconstitutional and will result in costly litigation and Kansas taxpayers will pay the price," Bradbury said in a statement to ABC News Wednesday.

The act passed in both the state Senate and state Assembly under Republican party lines in the spring. Proponents argued that the law was needed to protect law enforcement during their operations.

Kansas Gov. Laura Kelly vetoed the legislation in April and said in a statement that it posed, "a myriad of legal concerns."

"First, this legislation creates serious tension between ensuring law enforcement officers can carry out their duties while respecting the First Amendment rights of Kansans to observe and record their actions," the Democratic governor said in a statement in April.

"Second, there are already federal laws in place establishing the crime of interfering with federal law enforcement, meaning there is no need to create a state crime for the same unlawful activity," she added.

The state legislature overrode her veto a few weeks later along party lines.

Kansas state Senate President Ty Masterson, who is running in the Republican primary for governor and frequently supported President Donald Trump's immigration policies, called Kelly's veto "dangerous," in a social media post after the veto was overridden.

He has repeatedly cited in social media posts that the winter protests against ICE in Minnesota were the motivating factor behind the legislation.

"This simple public safety bill prevents radical protesters from interfering with law enforcement and will keep our officers and bystanders safe by installing a 25-foot buffer zone during law enforcement operations. Minneapolis will not be coming to Kansas," he said in his April social media post.

Two civilians, Renee Good and Alex Pretti, were killed by federal agents while they were protesting ICE operations in Minneapolis in January. Nearby bystanders filmed both of their killings.

The Department of Homeland Security has said that agents in the interaction with Good acted in self-defense after Good tried to ram them with her car in an act of "domestic terrorism." Local and state officials have disputed federal officials' claims.

Former DHS Secretary Kristi Noem initially said Pretti, a licensed gun owner, "committed an act of domestic terrorism" when he was shot, but later walked back her comments contending the situation at the time was fluid. She refused to apologize to Pretti's family when asked about the initial statement during a March congressional testimony.

No charges have been filed in their deaths, and the investigations are ongoing.

Despite the veto being overridden, opponents said they are not ruling out challenges to the law.

Bradbury told ABC News that the Kansas Press Association is "exploring all options to challenge this troublesome law."

The Kansas ACLU also said it is concerned about the law given reports of a recent increase in ICE activity in the state and has advised civilians about their rights.