Judge Blocks DHS From Prosecuting Man For Critical Email

A federal judge in Washington DC issued a preliminary injunction on Tuesday blocking the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) from taking further action against David Streever. The ruling follows a lawsuit filed by Streever, a Rochester, New York resident, after ICE agents tracked him to his home, a hotel, and an airport to deliver a warning notice stating he may have violated federal law.

The government's actions stemmed from an email Streever sent to former ICE acting director Todd Lyons, which called him a "monstrous human being" and compared him to a Nazi. The email was sent following a Minneapolis immigration crackdown in which federal agents fatally shot Renee Good and Alex Pretti. Judge Rudolph Contreras ruled that the government likely infringed on Streever's First Amendment rights, noting that the threat of prosecution forced Streever to self-censor his political speech.

While DHS defended the investigation as a necessary effort to protect law enforcement from threats, the court noted that the government's own filings did not assert that Streever's email constituted a prosecutable violent threat. The injunction prohibits DHS, Secretary Markwayne Mullin, and ICE from issuing further warning notices or pursuing prosecution for Streever's speech while the case continues. The court has also ordered the government to produce the report that closed the investigation into Streever in June.