A Rochester, New York, man filed a federal lawsuit against Department of Homeland Security officials on Monday, alleging that federal agents violated his First Amendment rights by issuing a warning notice after he sent a critical email to the head of Immigration and Customs Enforcement.
The lawsuit, filed by the Foundation for Individual Rights and Expression (FIRE) in the U. S.
District Court for the District of Columbia, names DHS Secretary Markwayne Mullin, ICE officials, and three federal agents as defendants.
The legal action stems from a January 26 email sent by David Streever to then-acting ICE Director Todd Lyons following an immigration enforcement surge in Minneapolis where federal officers fatally shot two U.
S. citizens, including ICU nurse Alex Pretti.
According to the lawsuit, Streever's three-paragraph email compared Lyons to a Nazi official and stated that his conscience would torment him.
Five months later, on June 23, two Homeland Security Investigations agents visited Streever's home while he was on vacation in Finland with his seven-year-old daughter, delivering an official "WARNING NOTICE" to his wife that alleged he may be in violation of federal laws prohibiting threats against federal officials.
The agency subsequently tracked Streever to a hotel near John F.
Kennedy International Airport in New York City when he returned to the country, where an agent left a business card at the front desk and officials made repeated anonymous phone calls to his phone.
The lawsuit asks the court to declare Streever's email protected speech, halt further coercive actions by the government, and declare that such warning notices unconstitutionally chill free expression.
"The First Amendment unquestionably protects Streever’s criticism," stated attorneys with the Foundation for Individual Rights and Expression.
Streever expressed his personal shock regarding the response from federal law enforcement officers following his digital correspondence.
"Like many Americans, I was deeply upset after the shootings in Minnesota and I felt compelled to do something," said David Streever.
"Writing an email to the head of ICE seemed like the least I could do to express my sense of outrage.
I never dreamed it would lead to a knock on my door by federal officers or descending on my hotel in the dark of night."
He further noted his desire to preserve the constitutional rights of other citizens who wish to voice their opposition to government actions.
"I cherish our right to speak openly about issues of public concern," said Streever.
"I hope others will not be discouraged from peacefully expressing their views, even when those views are critical of the government."
Legal counsel for the plaintiff argued that the timeline of the federal investigation indicates that the agency did not view the email as a genuine security threat.
"If someone is really threatening a government official, you don't wait five months to act on it," said Adam Steinbaugh, senior attorney at FIRE.
"The fact that authorities didn't respond immediately shows that David presented no threat. This pursuit is designed to intimidate lawful speech, pure and simple."
The Department of Homeland Security maintained its position regarding the necessity of examining communications directed at federal personnel.
"ICE investigates all credible threats towards its employees and officers, including threats to the ICE Director," stated a Department of Homeland Security spokesperson.
"As a matter of policy, we do not comment on any ongoing investigations."
The lawsuit details that on the same day agents visited Streever's residence, they also targeted Syracuse resident Paigelynne Gonyea at a polling location over an Instagram post identifying an ICE officer involved in a fatal shooting.
The New York Civil Liberties Union criticized the actions of the federal agency, linking the incidents to a broader pattern of intimidation against public dissent.
"Demanding accountability for officers responsible for killing U. S.
citizens in broad daylight is a core First Amendment right that the government has no business interfering with," said Perry Grossman, supervising attorney for the New York Civil Liberties Union.
