Lawsuit Filed Against ICE Over Alleged Free Speech Violation
David Streever, a resident of upstate New York, initiated legal action against U.S. Immigration and Customs Enforcement (ICE), claiming violation of his First Amendment rights. Streever was abroad in Finland when two federal officers visited his home in Rochester in June. They delivered a warning notice to his wife, stating that an email Streever sent earlier posed a threat, according to his lawyers.
In January, Streever emailed Todd Lyons, the acting director of ICE at the time, in response to an incident involving the fatal shooting of Minneapolis resident Renee Good by an immigration officer during an anti-ICE protest. In the email, Streever labeled Lyons a “monstrous human being” and declared he would “never know peace.” The Philadelphia-based Foundation for Individual Rights and Expression represents Streever. Attorney Adam Steinbaugh asserted the email was protected political speech under the First Amendment.
The lawsuit was submitted in Washington, D.C., and includes Homeland Security Secretary Markwayne Mullin as a defendant. Mullin countered the allegations, stating, “Any allegation DHS and its components are attempting to ‘squash’ free speech is categorically FALSE.” He emphasized that any threats or assaults on law enforcement officers are subject to consequences.
The controversial email carried significant language, likening Lyons to a Nazi leader and referencing the Minnesota incident as an execution. The email suggested that Lyons would face disgrace and torment.
Alongside Streever, another upstate New York resident received a similar federal warning for online criticism of ICE. Paigelynne Gonyea, a poll worker, was confronted by federal agents during New York’s primary elections due to a social media post. Gonyea’s post, following the identification of Jonathan Ross, the ICE officer involved in the shooting, insinuated his indictment and shared Ross’ address, leading to allegations of committing a federal crime.
Lauren Bis, a spokesperson for the U.S. Department of Homeland Security, stated that posting an officer’s address online constitutes a federal crime. The DHS pledged to investigate and pursue justice against those who disclose personal information of their officers.
The New York Attorney General’s Office acknowledged the interaction between the two residents and federal agents. It is reportedly reviewing the events surrounding Gonyea’s confrontation at the polling station.