US judge blocks ICE threat against critic’s political email
Judge Rudolph Contreras said David Streever’s angry email was likely protected political speech and barred ICE from enforcing or repeating prosecution threats while the case proceeds.
A US federal judge has temporarily blocked Immigration and Customs Enforcement from enforcing or repeating threats to prosecute David Streever over an angry email criticising the agency’s leadership.
Judge Rudolph Contreras granted Streever a preliminary injunction, finding that the January email likely constituted protected political speech under the First Amendment. The ruling does not finally resolve his claims that ICE sought to coerce or retaliate against him.
Streever sent the message to then-acting ICE director Todd Lyons after reported killings of Minnesota protesters Renee Good and Alex Pretti. He called Lyons a “monstrous human being” and said the consequences of his actions would haunt him.
ICE later warned that the email could have “threatening undertones” and told Streever to stop criticising agency leadership or risk state and federal prosecution. His lawyers at the Foundation for Individual Rights and Expression said the warning caused him to self-censor.
Contreras said the email contained no physical threat and addressed official conduct in a political context where First Amendment protections are at their strongest. He also said ICE appeared to have conceded that the message was protected speech, while failing to clearly confirm to Streever that its investigation had ended.
The injunction will take effect after 14 days and will remain in place while the case proceeds. ICE must stop enforcing the warning, acting on its threats or issuing similar threats, although the agency may still appeal and the status of its investigation remains unclear. Ars Technica reported that ICE had not confirmed whether it would appeal.
