Federal Judge Rules ICE Likely Violated First Amendment

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Federal Judge Rules ICE Likely Violated First Amendment

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A federal judge has determined that U.S. Immigration and Customs Enforcement (ICE) likely infringed upon the First Amendment rights of a Rochester, New York, resident. The ruling, issued on Tuesday, September 15, 2026, by U.S. District Judge Rudolph Contreras, stems from an incident where federal agents delivered a warning notice to David Streever concerning a caustic email he had sent to ICE’s then-acting director, Todd M. Lyons.

In January, Streever sent an email to Lyons, calling him a “monstrous human being” and comparing him to a high-ranking Nazi official, after two Americans were killed by federal agents in Minnesota. Five months later, in June, two federal agents visited Streever’s home while he was on vacation with his 7-year-old daughter. They left a “WARNING NOTICE” with his wife, stating that his email “MAY BE IN VIOLATION OF FEDERAL LAW” and threatening criminal prosecution, also noting the warning would be “taken into consideration” if he “continue[s] to be involved” in “criminal activities.” Agents later tracked Streever to a hotel in New York City.

Streever, represented by the Foundation for Individual Rights and Expression (FIRE), sued the Department of Homeland Security (DHS) in July, alleging a violation of his freedom of speech. Judge Contreras’s ruling grants a preliminary injunction, preventing DHS from further threatening Streever. Contreras stated that the warning notice “practically shouts” that Streever could be prosecuted for his political speech, emphasizing that the First Amendment protects criticism of public officials, even if it is “not kind” or “productive.” Streever expressed relief at the court’s affirmation of his right to speak his conscience.

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