Federal Judge Bars Department of Homeland Security’s (DHS) from Issuing “Warning Notices” to ICE Critic

U.S. District Judge Rudolph Contreras issued a preliminary injunction prohibiting the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) from sending any further “warning notices” to David Streever, a New York resident who criticized former acting ICE Director Todd Lyons in an email. The order also bars the DHS secretary, Mark Wayne Mullin, and ICE from issuing similar threats while Streever’s lawsuit proceeds. The ruling gives DHS two weeks to appeal.

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Streever sued DHS in July after federal officers visited his home while he was abroad and later delivered a warning notice to his wife, warning that his comments could constitute a criminal threat. The email, sent in January, condemned fatal shootings of two U.S. citizens during immigration enforcement in Minnesota and compared Lyons to Nazi official Reinhard Heydrich. Streever alleges the notice was retaliation for his protected speech. DHS contends the notice was part of an investigation into credible threats; a senior ICE official testified that threats to agency personnel have risen dramatically since early 2025. The agency’s investigation into the email was closed June 30.

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A DHS spokesperson called allegations of “squashing” free speech “categorically FALSE” and emphasized that ICE investigates all credible threats to its employees, including threats to the ICE Director. The spokesperson also cited a “coordinated campaign of violence” against law-enforcement officers, noting increases in assaults, vehicular attacks and death threats. The Foundation for Individual Rights and Expression (FIRE), which represents Streever, framed the case as a test of First Amendment protections.

The Guardian

• “Even if Defendant’s benign explanation of the notice were plausible, Mr. Streever ‘reasonably understood [the notice] to convey a threat of adverse government action,’ namely prosecution.” — Rudolph Contreras, judge

The Hill

• “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,” — Rudolph Contreras, judge

The Guardian

• “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,” — David Streever

The Guardian

• “While I wish this ordeal hadn’t happened, hopefully this incident will serve as a reminder that the first amendment protects us all.” — David Streever

The Guardian

The injunction remains in effect while the case proceeds, and DHS has until the end of the two-week appeal window to seek reversal. The decision may shape how federal agencies address perceived threats linked to political criticism.

The Hill