ICE Sent Agents to a Critic's Home. A Court Said No.

You sent an angry email to a government official. You called him names. You predicted his downfall. Then, months later, federal agents knocked on your door. That is exactly what happened to David Streever — and a federal judge in Washington, D.C., ruled in September 2026 that what ICE did to him was likely unconstitutional.

What ICE did — and why the court said it crossed a line

After Streever sent a three-paragraph email to ICE Acting Director Todd Lyons in January 2026, the agency opened an investigation. Agents traveled to his home in Rochester, New York. He was in Europe. So they handed the notice to his wife instead. The document, printed in bold capital letters, said Streever "MAY BE IN VIOLATION OF FEDERAL LAW" and told him to "promptly remove and/or discontinue" his behavior — meaning his email. It cited federal statutes on threatening federal officials, even though Streever's email contained no threats of physical violence: only harsh words and dark predictions about Lyons's future. U.S. District Judge Rudolph Contreras found that the warning notice likely violated Streever's First Amendment right to free speech. The court granted a preliminary injunction — a court order — blocking ICE from relying on the notice, issuing similar threats, or acting on the notice's warnings.

ICE argued that the agency had seen a 946% increase in threats against its officers between fiscal years 2024 and 2025, and that Streever's email had "potential threatening undertones." The agency also said it had closed the investigation before Streever even filed his lawsuit on July 6, 2026 — but never told him. A DHS social media account posted after the lawsuit went public, warning that "ANYONE who assaults or threatens our law enforcement officers will face the consequences." The court was not persuaded that any of this justified the warning notice ICE delivered to Streever's wife.

This case matters beyond Streever himself. If you are an immigrant — or anyone in the US — who has criticized ICE, a federal official, or immigration policy online or in writing, this ruling is a signal that courts are watching how the government responds to that speech. Criticism of government officials, even harsh and personal criticism, is protected under the First Amendment. Sending agents to someone's home with a document threatening prosecution — for an email that contained no physical threats — is the kind of government action courts can block.

What to do

• If federal agents come to your home, you are not required to speak with them. You can say: "I want to speak with a lawyer before answering any questions." This applies whether you are a citizen or an immigrant.
• If you receive any written notice from ICE or another federal agency threatening prosecution for something you said or wrote, do not ignore it — contact an immigration lawyer immediately. The notice may be legally invalid, as this court found, but you still need legal advice specific to your situation.
• Do not sign or acknowledge receipt of any government notice without first consulting a lawyer. Streever's wife did not sign the notice — and that was the right call.
• If you believe your free speech rights were violated by a government agency, document everything: save the notice, write down what agents said, and note the date and time. This documentation can be critical in court.

A full breakdown of this topic — in our guide “Your Rights During an ICE Encounter”.