DHS’s ‘warning notice’ to ICE critic ‘likely’ violated First Amendment: Federal judge

A federal judge ruled late Tuesday that the Department of Homeland Security’s (DHS) may not send any more warning notices to the New York man who sent a critical email to Immigration and Customs Enforcement (ICE), saying the practice “likely” violated the First Amendment.

U.S. District Judge Rudolph Contreras, appointed by former President Obama, placed a preliminary injunction to block DHS from delivering letters appearing to threaten David Streever — who wrote a scathing email to former acting ICE Director Todd Lyons comparing the immigration official to a Nazi leader.

Streever sued DHS in July after he claimed two federal officers came to his home while he was out of the country and delivered a warning notice to his wife — which stated the man’s comments might constitute a criminal threat against federal personnel.

The email condemned the fatal shootings of two U.S. citizens during immigration enforcement operations in Minneapolis, saying the actions would “lead to [Lyons’s] downfall.” Streever, a Rochester resident, also compared the then acting ICE director to Nazi Germany police official Reinhard Heydrich, often referred to as “the butcher.”

Streever sued DHS and accused the agency of unjustly retaliating against him for his criticism, violating his free speech. The lawsuit alleges DHS officials later tracked him to a New York City hotel after he returned to the country, left him repeated voicemails and sought to have him sign a warning notice.

“The notice practically shouts that Mr. Streever may be prosecuted if he continues to engage in his political speech,” the judge wrote. “Even if Defendant’s benign explanation of the notice were plausible, Mr. Streever ‘reasonably understood [the notice] to convey a threat of adverse government action,’ namely prosecution.”

Contreras wrote that the First Amendment affirms Americans’ ability to criticize officials and that Streever’s email was not a “true threat of violence” — which the Constitution does not grant the same protection.

A DHS spokesperson told The Hill in a Wednesday statement that any “allegation DHS and its components are attempting to ‘squash’ free speech is categorically FALSE.”

“ICE investigates all credible threats towards its employees and officers, including threats to the ICE Director,” the spokesperson continued, also citing increased rates of violence against immigration agents.

A senior ICE official wrote in a declaration submitted to the court that the agency has seen a “dramatic” increase in threats to its personnel since early 2025. They added its investigation into Streever’s email closed June 30.

Lawyers from the Department of Justice did not claim the message to Lyons contained any threat, according to court documents .

Contreras acknowledged the department’s concern given the rise in threats, which he called concerning, and permitted the department to investigate such threats “so long as they do not issue threats to Mr. Streever deterring protected speech, such as the Warning Notice.”

The ruling allows DHS two weeks to appeal.