NEWS'ICE Likely Violated Free Speech Rights,' Federal Judge Says in Ruling in Case Where Agents Tracked Down Critic Who Ripped Agency
David Streever’s warning from ICE was found to potentially violate his First Amendment rights.
Sept. 17 2026, Published 2:42 p.m. ET
A federal judge criticized ICE after agents tracked down an outspoken critic of the agency.
Per Radar Online, U.S. District Judge Rudolph Contreras ruled that a warning issued to David Streever potentially violated his First Amendment right to free speech and also partially granted his request for a preliminary injunction.
David Streever Had Sent a Criticizing Email to ICE
David Streever’s ICE criticism sparked a First Amendment dispute.
Per the court documents obtained by the outlet, Streever criticized Acting ICE Director Todd Lyons’ handling of the deaths of two Minnesotans, who had been shot by ICE officers, in a brutal three-paragraph email sent earlier this year, on January 26.
In the email, Streever not only called Lyons a "monstrous human being" and compared him to N--- official Reinhard Heydrich, but also predicted that he would become a “sad, despised man” consumed by shame.
ICE Agents Tracked Down Streever
David Streever criticized ICE Director Todd Lyons in a harsh email over the deaths of two Minnesotans.
The email wasn’t welcomed by ICE officials, who determined that it had potential “threatening undertones.”
An investigation was then launched into the case.
Five months later, two agents traveled to Streever's Rochester, New York, home while he was overseas to deliver a “WARNING NOTICE” document to his wife.
The notice reportedly told Streever that the agency believed his email could potentially violate federal law, and requested that he "remove and/or discontinue" the behavior.
It further warned him that violations could even expose him to federal and state prosecution.
The agents are even reported to have attempted to locate Streever at a New York City hotel following his return from Europe, according to the ruling.
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The Federal Judge Ruled in Streever’s Favor
ICE investigated David Streever over an email it deemed potentially threatening and later issued him a warning notice.
According to Judge Contreras, Streever's email did not constitute a true physical threat and remained a protected political expression.
Apparently, the email only expressed anger over Lyons' official conduct and predicted political and personal consequences, but was actually "a far cry" from a true threat of violence to make Streever lose First Amendment protection.
Contreras also said that ICE agents went beyond investigation when they tracked down Streever’s home to personally show up unannounced and deliver the warning notice.
According to the court, Streever could likely show that the agency engaged in unconstitutional coercion, since the notice can be interpreted as threatening prosecution if he continued similar political speech.
However, the ruling does not prevent ICE from investigating legitimate future threats, per the outlet.
Judge Contreras ruled that David Streever’s email was protected political speech and not a true threat.
Instead, Contreras temporarily barred defendants from relying on the existing warning notice or Streever's January email in future prosecutions or investigative demands.
He also barred the agency from issuing similar warnings that suggested that Streever cannot engage in non-threatening criticism of the government.
Contreras also concluded in Streever’s favor, saying he had a right to express political views through non-threatening speech, "however degrading" those views might be.
He ruled that the officials likely infringed Streever’s right by threatening possible prosecution if he did not stop criticizing government officials.
As per the outlet, the order is stayed for 14 days, giving the government time to appeal and seek a further stay.
After that, the injunction will automatically take effect.
