Key facts
- A federal judge ruled that sending an email telling ICE officials their actions will haunt them is not illegal.
- The ruling grants a preliminary injunction blocking ICE from threatening to prosecute a critic for protected speech.
- David Streever sent an email to then-acting director of ICE, Todd Lyons, calling him a "monstrous human being" and comparing him to Reinhard Heydrich.
- ICE issued a warning notice to Streever claiming his email may have constituted a criminal threat of violence.
- US District Judge Rudolph Contreras found that Streever's email was protected speech and that he is likely to succeed in proving ICE coerced him or retaliated against him.
- The injunction prevents ICE from enforcing the warning notice or issuing similar threats while the case proceeds.
A federal judge has issued a preliminary injunction blocking Immigrations and Customs Enforcement (ICE) from threatening to prosecute David Streever for sending a critical email to an agency official. The ruling on Tuesday stated that Streever's email, which condemned the actions of ICE leadership, is protected speech under the First Amendment.
In January, Streever sent a three-paragraph email to then-acting director of ICE, Todd Lyons, expressing outrage over the killings of two Minnesota protestors. Streever called Lyons a "monstrous human being" and compared him to Reinhard Heydrich, predicting that Lyons would "torment yourself until your last day on Earth."
ICE initially took no action but later issued a warning notice to Streever, claiming his email might have constituted a criminal threat of violence. The agency warned that continued criticism of ICE leadership could lead to state and federal prosecution. This warning, and agents tracking him down at a hotel, caused Streever to self-censor due to fear of retaliation, according to his lawyers at the Foundation for Individual Rights and Expression (FIRE).
US District Judge Rudolph Contreras found that Streever's email registered displeasure with official conduct and warned of future personal consequences, but did not contain a "true threat of violence." The judge emphasized that ICE's lawyers did not contest that Streever's email constituted protected expression. Contreras ordered ICE to temporarily stop enforcing the warning notice and issuing similar threats to prevent irreparable harm to Streever's First Amendment rights.
ICE had previously noted a significant increase in threats against its officials and claimed Streever's email had "potential threatening undertones." However, the judge found that Streever is likely to succeed in proving that ICE either attempted to coerce him into abandoning his rights or retaliated against him for exercising them. The injunction ensures that Streever is free to engage in political speech without the immediate threat of prosecution.