An upstate New York resident has filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE) after federal officers visited his home due to an email he had sent. David Streever, a U.S. citizen, claims his First Amendment rights were violated when officers presented his wife with a warning notice at their Rochester home while he was in Finland. The notice concerned an email Streever had sent months earlier, which was deemed a threat by ICE.
In January, Streever emailed Todd Lyons, the then-acting director of ICE, criticizing the agency over a shooting incident involving an immigrant rights protestor in Minneapolis. In the email, Streever referred to Lyons as “a monstrous human being” and said he “will never know peace.” Streever’s lawyers argue this communication falls under the protection of political speech.
Streever is not alone in facing federal scrutiny for online criticism of ICE. Another New York resident, Paigelynne Gonyea, received a warning following a social media post criticizing ICE and sharing personal information about an agency officer. Gonyea’s post included statements suggesting the indictment of Jonathan Ross, the ICE officer involved in the Minneapolis incident.
This is very clearly within the protection of the First Amendment.
ICE representatives have refrained from commenting on specific warnings due to ongoing investigations. However, Homeland Security Secretary Markwayne Mullin called allegations of suppressing free speech “categorically FALSE.” A statement from his office emphasized that threats against law enforcement officers would provoke consequences.
The legal challenge Streever has mounted is supported by the Foundation for Individual Rights and Expression, which argues his rights were infringed upon. The organization maintains that Streever’s email was legitimate political expression. Efforts to confront Streever occurred again in New York City upon his return from Finland, where federal agents were turned away from the hotel he was staying at.
The New York Attorney General’s Office has acknowledged the cases involving Streever and Gonyea, particularly in relation to the encounter at polling sites. They are reviewing interactions between federal agents and Gonyea, which occurred during New York’s primary election season.