The RecordExhibit 142
A federal 'warning notice' for a man who emailed harsh criticism of ICE's director
Ruled unlawful means: A court ruled against it. Some rulings are on appeal.
In January 2026 David Streever of Rochester, N.Y., emailed Todd Lyons, then ICE's acting director, calling him a 'monstrous human being', comparing him to a Nazi and saying his conscience would torment him. Months later Homeland Security agents came to his home, then tracked him to an airport and a hotel where he was staying with his young daughter, to serve a notice saying he might be violating federal laws against threatening federal officials.
What happened
Streever said he sent the email after federal immigration officers fatally shot two people in Minneapolis that month. The notice listed the federal laws that make threats against federal officials a crime and said it would be taken into account if he continued the described activity. Straight Arrow News reported that agents handed it to his wife on June 23 while he was away.
Streever sued in July 2026 with the Foundation for Individual Rights and Expression, saying the agents had violated his First Amendment rights and that he had begun censoring himself. The government's filings said the investigation was closed in late June, before the suit, and did not claim the email was a prosecutable threat.
Where it stands
On Sept. 15, 2026, U.S. District Judge Rudolph Contreras in Washington granted a preliminary injunction in part, finding that the notice likely violated Streever's First Amendment rights and that it 'practically shouts' that he could be prosecuted if he kept speaking out. The order bars Homeland Security, Secretary Markwayne Mullin and ICE from relying on the notice, issuing similar threats over his protected speech or carrying out the threatened prosecution, but does not stop the department from investigating future conduct that is not protected speech.
The judge declined to block the investigation itself, since the government said it was closed, and ordered the government to produce the report that closed it. It is a preliminary ruling while the case continues; we found no report of an appeal.
The administration's side
A Homeland Security spokesperson called the claim that it was trying to squash free speech categorically false, said ICE investigates all credible threats against its employees, including its director, and pointed to rising assaults and death threats against officers. In court the government argued that the case should be dismissed because the investigation had already been closed.
Sources
Permanent link: https://unredactedrecord.com/e/warningnotice/