The Department of Homeland Security (DHS) may no longer issue a “warning notice” – threatening prosecution against a US citizen – for criticizing Immigration and Customs Enforcement (ICE), a federal judge in Washington DC ruled on Tuesday.
Judge Rudolph Contreras sided with David Streever, a New York man who accused DHS officials of violating his first amendment rights when they showed up first at his home in June with a “warning notice”, claiming he made a threat against former ICE director Todd Lyons, and then to a hotel where Streever and his young daughter were staying.
The notice and visits were in response to an email Streever sent Lyons in January, after federal agents fatally shot two US citizens amid an immigration crackdown in Minnesota. In the email, Streever called Lyons a “monstrous human being”, compared him to Nazi and warned him that his own conscience would “eat himself alive”.
Contreras ruled the notice “practically shouts that Mr Streever may be prosecuted if he continues to engage in his political speech”.
“Americans have long voiced their displeasure with their government. The Declaration of Independence itself is a list of grievances between Americans and the British government. And Americans have not always indulged in the elevated prose of the Declaration. Government officials have long endured ‘vehement, caustic and sometimes unpleasantly sharp attacks.’ Today is no different,” Contreras wrote.
The court order is limited in that it prohibits the DHS, its secretary, Markwayne Mullin, or ICE from issuing another “warning notice”, making similar threats or pursuing prosecution for his speech while Streever’s case continues in court.
A DHS spokesperson said in a statement to the Guardian: “Any allegation DHS and its components are attempting to ‘squash’ free speech is categorically FALSE. ICE investigates all credible threats towards its employees and officers, including threats to the ICE Director.”
DHS law enforcement officers are “experiencing coordinated campaigns of violence against them”, including large increases in assaults, vehicular attacks and death threats, the spokesperson said.
“Anyone who assaults or threatens our law enforcement officers will face the consequences,” they added.
The Foundation for Individual Rights and Expression (Fire), a non-profit first amendment advocacy group, represented Streever in his lawsuit.
“I’m deeply relieved that the court affirmed what I knew all along: that I am permitted to speak my conscience in the United States of America, including when I criticize government officials,” Streever said in a statement.
Streever added: “While I wish this ordeal hadn’t happened, hopefully this incident will serve as a reminder that the first amendment protects us all.”
The DHS previously defended its investigation into Streever by tying his email into a larger trend of threats made against law enforcement officials – particularly those enforcing the Trump administration’s anti-immigration agenda.
Immigration enforcement officials have consistently justified federal agents’ aggressive actions by claiming they are protecting immigration enforcement officers.
Contreras said his ruling allows DHS officials to investigate future conduct to ensure the safety of law enforcement and public officials, so long as it does not infringe on Streever’s protected speech.
