A federal judge has ordered U.S. immigration authorities to stop taking action against a Minnesota man who criticized an Immigration and Customs Enforcement (ICE) official in an email.
The ruling came on Sept. 15 from Judge Rudolph Contreras of the U.S. District Court for the District of Columbia. His 43-page decision said the government’s actions created the impression that David Streever could face prosecution if he continued speaking publicly about political issues.
Streever, a Rochester, Minnesota, resident, sent an email in January to Todd Lyons, who was then serving as acting director of ICE. The message criticized the federal immigration operation in Minnesota and strongly condemned Lyons.
For several months, Streever heard nothing about the email. Then, in June, federal officials contacted him and suggested that his message might have violated federal criminal law.
The Foundation for Individual Rights and Expression (FIRE), which represented Streever, challenged the government’s actions in court. Streever filed the lawsuit in July. He argued that the government had violated his constitutional rights to free speech and to petition government officials.
The situation became more serious when ICE agents went to Streever’s home. At the time, he was in Finland with his 7-year-old daughter. The agents issued a warning notice to his wife, an Episcopal priest.
The document said Streever “may be in violation of federal law.” It also told him to stop the conduct described in the notice and warned that continued activity could lead to prosecution.
Federal agents later located Streever at a hotel in New York City while he and his daughter were traveling home. An agent left a business card at the front desk. Two other agents also called Streever and left voicemails.
The encounters frightened Streever and his family. He said his daughter became upset after learning that federal agents might approach him.
In his ruling, Contreras said the government’s actions could cause Streever to censor himself because he feared further investigation or prosecution. The judge said the First Amendment protects political expression and criticism of government officials.
The government acknowledged in court that ICE agents can send warning notices when they believe someone may have broken federal law. However, it did not argue that Streever’s email was an unprotected “true threat.”
FIRE attorney Adam Steinbaugh said the case showed the danger of using threats of prosecution to discourage people from criticizing government officials.
Streever said he expressed relief at the court’s by the court’s decision. He said Americans should be able to openly express their views, including criticism of those in government. The ruling ends the federal government’s campaign against Streever and prevents authorities from continuing the actions challenged in his lawsuit.
