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Judge blocks DHS from acting against a man over a harsh email to an ICE official
The judge said the warning notice likely violated the First Amendment and barred DHS and ICE from using it in future investigations.
On Tuesday, District Judge Rudolph Contreras blocked DHS and ICE from enforcing a 'WARNING NOTICE' against Rochester, New York resident David Streever, ruling the agency's actions likely violated his First Amendment rights to criticize government officials.
Streever sent a harsh email in January 2026 to then-acting ICE director Todd Lyons regarding the fatal shooting of two observers in Minneapolis, calling Lyons a 'monstrous human being' and comparing him to a Nazi official.
ICE agents later visited Streever's home to deliver a 'WARNING NOTICE' stating, 'YOU MAY BE IN VIOLATION OF FEDERAL LAW,' warning that receipt would be considered should he continue alleged criminal activities.
Contreras issued a preliminary injunction, finding the threat of prosecution 'looms over him like the sword of Damocles,' and preventing DHS and ICE from relying on the notice or issuing similar threats regarding Streever's protected expression.
FIRE Senior Attorney Adam Steinbaugh stated that criticizing the government is 'at the heart of the First Amendment,' while Streever said the ruling serves as a reminder that the amendment protects citizens who criticize officials.