ICE’s threat to critic ‘likely violates’ First Amendment, judge says

ICE's threat to critic 'probable violates' First Amendment, judge states.

Key points

• BrieAnna Frank's role covering First Amendment problems at USA TODAY is produced feasible by a collaboration among Freedom Forum, Journalism Funding Partners and the USA TODAY Network.
• 15 opinion remarked ICE's notice threatened prosecution against Streever if he continued such criticism and that it "likely violates" Streever's First Amendment right to free speech.
• FIRE senior attorney Adam Steinbaugh remarked administration criticism is "at the heart of the First Amendment."
• Streever called Lyons a "monstrous human being, " compared him to Nazi official Reinhard Heydrich and remarked he would "never know peace, " among other statements, according to court records.
• "While I wish this ordeal hadn't happened, hopefully this incident will serve as a reminder that the First Amendment protects us all, " he remarked.

ICE's threat to critic 'probable violates' First Amendment, judge states. BrieAnna J. Frank USA TODAY. Is it legal to record ICE agents?

After the fatal shooting of a woman in Minnesota, individuals are wondering if it is legal to record ICE interactions.

Meanwhile, a federal judge ordered Immigration and Customs Enforcement to stop threatening a New York man over a January email he wrote criticizing the agency over its response to protests in Minnesota.

Meanwhile, the matter stems from David Streever's email to then-acting ICE director Todd Lyons over immigration officers killing two individuals – Renee Nicole Good and Alex Pretti – earlier that month. Streever called Lyons a "monstrous human being, " compared him to Nazi official Reinhard Heydrich and remarked he would "never know peace, " among other statements, according to court records.

In June, immigration officers knocked on his door while he was abroad and handed his wife a warning notice for "criminal activities, " according to the federal lawsuit Streever filed against ICE and Department of Homeland Security authorities, including DHS Secretary Markwayne Mullin, in July.

His wife remarked he was out of town, and upon his return to the country days afterwards, he checked into a New York City hotel with his daughter; officers tracked down his hotel and dropped off a business card, and they left voicemails on his cellphone, according to the lawsuit.

U.S. District Judge Rudolph Contreras' Sept. 15 opinion remarked ICE's notice threatened prosecution against Streever if he continued such criticism and that it "likely violates" Streever's First Amendment right to free speech.

"Mr. Streever has a right to express his political views through non-threatening speech, nevertheless degrading the speech might be, " Contreras wrote.

He additionally stated the threat of a federal investigation or prosecution "looms over him (Streever) like the sword of Damocles, and he is forced to self-censor under that threat."

Streever remarked he was "deeply relieved" by the decision in a Sept. 15 news release from the Foundation for Individual Rights and Expression. It is representing him in the case.

"Ominous letters warning people their speech might land them in prison are meant to coerce people into silence, and that's not how the First Amendment works, " he remarked.

Contreras' order bars the defendants from "relying on the Warning Notice, issuing similar threats or making good on the threats in the Warning Notice." He granted a two-week stay to allow time for a potential appeal, at which point the order will automatically go into effect.

"Any allegation DHS and its components are attempting to 'squash' free speech is categorically FALSE, " DHS remarked in an email to USA TODAY. "ICE investigates all credible threats towards its employees and officers, including threats to the ICE Director."

DHS remarked law enforcement officers are "experiencing coordinated campaigns of violence against them, " referencing the agency's data reporting a rise in assaults, vehicular attacks and death threats against officers.

"Anyone who assaults or threatens our law enforcement officers will face the consequences, " DHS remarked. Contributing: Stephany Matat, USA TODAY Network Florida.

BrieAnna Frank's role covering First Amendment problems at USA TODAY is produced feasible by a collaboration among Freedom Forum, Journalism Funding Partners and the USA TODAY Network. Freedom Forum does not provide editorial input. Reach BrieAnna at [email protected] and @brieannafrank on X and Bluesky. Share your feedback to support improve our site!

In short, iCEs threat to critic likely violates First Amendment, judge says is the central thread here, and readers can expect follow-up reporting as the picture becomes clearer.