Judge Blocks DHS From Threatening Man Who Criticized ICE

A federal judge barred DHS from threatening prosecution against David Streever over a critical email to ICE's former acting director, ruling his speech was protected.

U.S. District Judge Rudolph Contreras in Washington, DC ruled Tuesday that the Department of Homeland Security may no longer issue a "warning notice" threatening prosecution against David Streever, a Rochester, New York man who sent a harsh email criticizing ICE. The notice, delivered by federal agents at his home in June, warned he "may be in violation of federal law." Contreras found the notice likely violated Streever's First Amendment rights and issued a preliminary injunction while his lawsuit continues.

The dispute began after Streever emailed former acting ICE director Todd Lyons in January, following the fatal shootings of two US citizens by federal agents amid an immigration crackdown in Minnesota. He called Lyons a "monstrous human being" and compared him to a Nazi. Roughly five months later, agents went to his home — then, according to NPR, to an airport and a hotel in Maine where he was staying with his young daughter — to confront him over the message.

Contreras wrote that the notice "practically shouts that Mr Streever may be prosecuted if he continues to engage in his political speech," adding that Americans have long voiced displeasure with their government and that officials have endured "vehement, caustic and sometimes unpleasantly sharp attacks." According to the Tampa Free Press, the judge found the email was blunt but contained no physical threat, and the court order temporarily vacates the warning notice and bars prosecution based on it. The Foundation for Individual Rights and Expression (FIRE), which represents Streever, called the letters coercive.

DHS defended its investigation by citing a broader trend of threats against immigration enforcement officials, though it did not assert Streever's email was a prosecutable threat. According to a sworn declaration reported by the Tampa Free Press, ICE claimed a 946% increase in threats against its officials between fiscal years 2024 and 2025. The government argued the letter was merely informational and noted the investigation was closed in late June — before Streever sued — though Streever was never notified.

The order is limited: it prohibits DHS, Secretary Markwayne Mullin, and ICE from issuing another warning notice, making similar threats, or pursuing prosecution for Streever's speech while the case proceeds. Contreras said officials may still investigate future conduct to ensure the safety of law enforcement, so long as protected speech is not infringed. According to the Tampa Free Press, the injunction is stayed for 14 days to allow the government time to appeal, and the judge declined to move the case to upstate New York.

Streever said he was "deeply relieved" the court affirmed his right to criticize government officials, adding the case should remind Americans that the First Amendment protects everyone. The judge also ordered the government to turn over the report that closed its investigation, and The Guardian has contacted DHS for comment — leaving open whether the administration will appeal or change how it handles speech complaints against ICE leadership.