USA16 September, 20263 min read
Judge Rudolph Contreras Blocks DHS From Threatening Prosecution Over David Streever’s Anti-ICE Email
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Judge Contreras issued preliminary injunction barring DHS/ICE from warning notices over anti-ICE email Court found DHS likely violated First Amendment rights by warning Streever
5 outlets told this the same way.
Judge blocks warning notice
A federal judge in Washington DC ruled on Tuesday that the Department of Homeland Security (DHS) may no longer issue a “warning notice” threatening prosecution against a US citizen for criticizing Immigration and Customs Enforcement (ICE). Judge Rudolph Contreras sided with David Streever, a New York man who accused DHS officials of violating his first amendment rights after agents showed up first at his home in June with a “warning notice” and later to a hotel where Streever and his young daughter were staying.
The case centered on an email Streever sent Lyons in January, after federal agents fatally shot two US citizens amid an immigration crackdown in Minnesota, in which Streever called Todd Lyons a “monstrous human being” and compared him to Nazi and warned his conscience would “eat himself alive”. Contreras said the notice “practically shouts that Mr Streever may be prosecuted if he continues to engage in his political speech,” and the court order is limited to stopping DHS, its secretary Markwayne Mullin, or ICE from issuing another warning notice or pursuing prosecution for his speech while the case continues in court.
DHS cites threats
A DHS spokesperson told The Guardian that “Any allegation DHS and its components are attempting to ‘squash’ free speech is categorically FALSE,” and said ICE investigates all credible threats towards its employees and officers, including threats to the ICE Director. The spokesperson added that ICE law enforcement officers are “experiencing coordinated campaigns of violence against them,” including large increases in assaults, vehicular attacks and death threats, and said “Anyone who assaults or threatens our law enforcement officers will face the consequences.”
The Foundation for Individual Rights and Expression (Fire) represented Streever in his lawsuit, and Streever said in a statement, “I’m deeply relieved that the court affirmed what I knew all along: that I am permitted to speak my conscience in the United States of America, including when I criticize government officials,” while also adding, “While I wish this ordeal hadn’t happened, hopefully this incident will serve as a reminder that the first amendment protects us all.” In a separate report, Newsweek said the judge found DHS “likely violated” a U.S. citizen's First Amendment rights and granted preliminary relief while the lawsuit moves forward, describing the warning notice as a threat of potential prosecution tied to protected political speech.
What happens next
Contreras said the ruling allows DHS officials to investigate future conduct to ensure the safety of law enforcement and public officials, “so long as it does not infringe on Streever’s protected speech,” even as the court order bars DHS, its secretary Markwayne Mullin, or ICE from issuing another “warning notice” for Streever’s speech. The Washington Post framed the ruling as ICE likely violating the Constitution when agents delivered a warning notice to a man in Rochester, New York, over a caustic email he had sent the agency’s leader months earlier, describing it as a First Amendment issue tied to the warning delivery.
Newsweek reported that the warning notice delivered to Streever's home could reasonably be interpreted as demanding that he stop criticizing ICE leadership and warning him of potential prosecution if he continued, and it said the judge concluded the notice likely infringed on that right by threatening consequences if he did not stop criticizing government officials. In the underlying dispute described by Newsweek, Streever sent the email on January 26 to then-Acting ICE Director Todd Lyons, condemning Lyons over the killings of Renee Good and Alex Pretti in Minnesota, and the court previously found the email contained no threat of physical violence.