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Federal judge rules DHS likely violated First Amendment by threatening ICE critic
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Federal judge rules DHS likely violated First Amendment by threatening ICE critic

Sep 16, 2026

U.S. District Judge Rudolph Contreras rules that the Department of Homeland Security likely violated the First Amendment by threatening Rochester resident David Streever. Streever received an ICE warning notice in June 2026 after sending a scathing email to acting director Todd Lyons. While DHS defends its actions as threat investigations amid rising violence against officers, the court issues a preliminary injunction protecting Streever's right to political speech.

ICE warning notice to critic

  • ▪After David Streever's wife informed officers he was out of town in June 2026, federal agents tracked Streever to a New York City hotel, left a business card, and left voicemails on his cellphone
  • ▪In June 2026, federal immigration officers delivered a written warning notice to the home of Rochester, New York resident David Streever, warning him that he may be in violation of federal law

Federal court First Amendment ruling

  • ▪U.S. District Judge Rudolph Contreras granted a two-week stay on the preliminary injunction he issued September 15, 2026, in David Streever's First Amendment lawsuit against the Department of Homeland Security, to allow the federal government time to file a potential appeal
  • ▪On September 15, 2026, U.S. District Judge Rudolph Contreras ruled that the Department of Homeland Security and Immigration and Customs Enforcement likely violated David Streever's First Amendment rights
  • ▪U.S. District Judge Rudolph Contreras issued a preliminary injunction on September 15, 2026, temporarily barring the federal government from relying on the June 2026 warning notice delivered to David Streever's home threatening prosecution over his criticism of ICE's then-acting director Todd Lyons

Streever critical email to ICE

  • ▪In his January 2026 email to Todd Lyons, David Streever called Lyons a "monstrous human being," compared him to Nazi official Reinhard Heydrich, and stated Lyons would "never know peace."
  • ▪David Streever's January 2026 email to then-acting ICE Director Todd Lyons was prompted by immigration officers killing Renee Nicole Good and Alex Pretti earlier that month
  • ▪In January 2026, David Streever sent an email to then-acting Immigration and Customs Enforcement director Todd Lyons criticizing the agency's response to protests in Minnesota

DHS threat investigation policy

  • ▪The Department of Homeland Security asserted on September 16, 2026, that anyone who assaults or threatens law enforcement officers will face consequences
  • ▪The Department of Homeland Security stated on September 16, 2026, that Immigration and Customs Enforcement investigates all credible threats towards its employees and officers, including threats to the agency's director

7 sources

The Guardian
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The New York Times
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Washington Examiner
Federal court says DHS threatened man who criticized ICE
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The Independent
Judge asked to prevent Trump from carving his name on another Washington building
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USA TODAY
ICE's threat to critic 'likely violates' First Amendment, judge says
View source article

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Topics

First Amendment rightsHuman rightsU.S. policy & lawDepartment of Homeland SecurityImmigration and Customs EnforcementGovernment accountabilityImmigration