New York Man Sues ICE Over Alleged First Amendment Violation

A resident of upstate New York has filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE) after federal officers visited his home concerning an email he sent. David Streever, a U.S. citizen, was in Finland when two officers arrived at his Rochester residence in June, presenting his wife with a warning about a months-old email deemed threatening. The lawsuit, filed in Washington D.C., claims a violation of his First Amendment rights.

Streever’s email to Todd Lyons, then acting ICE director, was a response to the fatal shooting of Minneapolis resident Renee Good by an immigration officer during an anti-ICE protest. In his email, Streever criticized Lyons as “a monstrous human being” and accused him of being “America’s Reinhard Heydrich.” He expressed a belief that Lyons would “never know peace.”

You are a monstrous human being and will go down in history as America’s Reinhard Heydrich, the butcher. The way you are protecting the obvious execution in Minnesota will lead to your downfall… You will never know peace.

His attorneys argue this is protected political speech. The Foundation for Individual Rights and Expression, representing Streever, maintains that the warning infringed on his rights. Attorney Adam Steinbaugh remarked, “This is very clearly within the protection of the First Amendment.” ICE has not yet commented on the lawsuit, citing an ongoing investigation.

The legal action also names Homeland Security Secretary Markwayne Mullin, whose office refuted any accusations of stifling free speech, stating that any threats to law enforcement will have consequences. Federal agents attempted further contact with Streever at a New York City hotel upon his return from Finland, but hotel staff denied them entry.

The case coincides with another incident involving upstate New Yorker Paigelynne Gonyea. Gonyea was confronted by federal agents at a polling location in New York over a social media post. Her post included, “I think today is a great day for Jonathan to be indicted,” concerning Jonathan Ross, the ICE officer involved in Good’s shooting. The Department of Homeland Security accused Gonyea of sharing Ross’ address, which they classify as a federal crime.

A representative from the New York Attorney General’s Office confirmed the state’s awareness of both residents’ encounters with federal agents. The office continues to review Gonyea’s interaction at the voting site.