ICE Warning Notices Spark First Amendment Lawsuit

On July 6 2026, FIRE filed a suit in Washington, D.C. for Rochester resident David Streever. It alleges Homeland Security Investigations agents delivered a “WARNING NOTICE” to his home on June 23, claiming his Jan. 26 email to former ICE acting director Todd Lyons violated statutes prohibiting threats to federal officials. It names three HSI agents, Secretary of Homeland Security Markwayne Mullin, and ICE officials. The same day agents warned Syracuse poll worker Paigelynne Gonyea for an Instagram post naming ICE officer Jonathan Ross. FIRE seeks a declaration that the email is protected speech and an injunction against future warnings.

New York resident sues ICE on free speech grounds over critical email sent to its former head

Streever’s email followed the June 2026 Minneapolis incident in which ICE officer Jonathan Ross fatally shot two civilian observers, including Renee Good, during an immigration-enforcement operation. The killing sparked nationwide protests and intensified criticism of ICE.

New York resident sues ICE on free speech grounds over critical email sent to its former head

ICE said it investigates all credible threats to its personnel, including threats to the director, and declined comment on Streever’s notice. DHS reiterated that publishing an officer’s address is a federal crime and warned of investigation, while refusing comment on ongoing inquiries.

New York resident sues ICE on free speech grounds over critical email sent to its former head

FIRE argues the five-month delay between the email and the warning shows no credible threat and that the notices aim to intimidate lawful speech. The organization contends the practice violates the First Amendment bar on government retaliation and seeks a court order to halt it.

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DHS released a redacted screenshot of an Instagram post it says Gonyea posted, yet the post is missing from her account and she denies creating it. No public record shows which of Streever’s statements triggered the warning, and officials have not explained how agents located his hotel after his return from Finland.

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• “The entirety of the three-paragraph email, which carried the subject line “What's next,” and referenced a leader in Nazi Germany: “You are a monstrous human being and will go down in history as America’s Reinhard Heydrich, the butcher.” — David Streever, email to Todd Lyons

New York resident sues ICE on free speech grounds over critical email sent to its former head

• “This is very clearly within the protection of the First Amendment,” — Adam Steinbaugh, FIRE attorney

New York resident sues ICE on free speech grounds over critical email sent to its former head

• “If someone is really threatening a government official, you don't wait five months to act on it," Steinbaugh said in the statement.” — Adam Steinbaugh, FIRE attorney

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• “committed a federal crime by posting the address of an ICE law enforcement officer online.” — Lauren Bis, DHS spokesperson

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• “Like many Americans, I was deeply upset after the shootings in Minnesota and I felt compelled to do something," Streever said in a statement.” — David Streever, statement

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Agents knocked on Streever’s Rochester door, left the notice with his wife, and later attempted to locate him at a New York City hotel after his return from Finland. In Syracuse, HSI agents entered the polling-site library, spoke with Gonyea, and delivered a warning notice for her Instagram post.

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A ruling that the warning notices violate the First Amendment could force ICE and DHS to revise or abandon the practice, shaping how federal agencies address perceived threats while preserving free speech.

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