September 15, 2026 · Constitutional Order & Rule of Law
· Court ruling
Confirmed
Judge Blocks DHS From Threatening a Citizen Who Criticized ICE's Leader
U.S. District Judge Rudolph Contreras issued a preliminary injunction on September 15, 2026 barring DHS and ICE from acting against David Streever, a Rochester, New York man who sent a harsh email in January to then-Acting ICE Director Todd Lyons comparing him to a Nazi. Streever said he wrote it after federal agents fatally shot two observers in Minneapolis. Five months later, Homeland Security Investigations agents tracked him to his home, an airport and a hotel and served him a "Warning Notice" stating he "may be in violation of federal law." Represented by the free-speech group FIRE, Streever sued in July.
Contreras found it likely the government had already infringed Streever's First Amendment rights, writing that the threat of prosecution forced him to "self-censor" his political speech. The case tests how far DHS can go in responding to criticism of its officials.
The injunction blocks DHS from relying on the notice or issuing similar threats against Streever while the suit continues. DHS maintains it investigates all credible threats against its officers and denies trying to suppress free speech.
Contreras found it likely the government had already infringed Streever's First Amendment rights, writing that the threat of prosecution forced him to "self-censor" his political speech. The case tests how far DHS can go in responding to criticism of its officials.
The injunction blocks DHS from relying on the notice or issuing similar threats against Streever while the suit continues. DHS maintains it investigates all credible threats against its officers and denies trying to suppress free speech.
Legal outcome: Judge Rudolph Contreras issued a preliminary injunction finding DHS likely violated Streever's First Amendment rights and barring further action against him over the email.