New York Resident Sues ICE Over First Amendment Violation

An upstate New York resident, David Streever, has filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE) over a warning issued by federal officers due to an email he sent to a former agency head. Streever, a U.S. citizen, was in Finland when two officers visited his Rochester home in June. They handed his wife a notice claiming that his email, sent months earlier, posed a threat.

The email, sent in January, was addressed to Todd Lyons, who was the acting director of ICE at the time. Streever criticized Lyons after an immigration officer fatally shot Renee Good, a resident of Minneapolis, during an anti-ICE demonstration. In the email, Streever described Lyons as “a monstrous human being” and said he “will never know peace.” He alleges this interaction violated his First Amendment rights.

Streever is represented by the Foundation for Individual Rights and Expression, based in Philadelphia. The organization argues that Streever’s right to free expression was infringed. Attorney Adam Steinbaugh stated, “This is very clearly within the protection of the First Amendment; it was in the context of political speech.”

ICE has declined to comment on the warning, citing an ongoing investigation, and has not provided immediate comment on the lawsuit filed in Washington, D.C. The lawsuit also names Homeland Security Secretary Markwayne Mullin. His office has released a statement asserting that allegations of suppressing free speech are false and that those threatening law enforcement officers will face consequences.

The entire email in question was three paragraphs long with a subject line, “What’s next,” and included references to a Nazi leader. It criticized Lyons’ handling of the Minnesota incident and predicted a fall from grace.

Federal officers also attempted to confront Streever at a New York City hotel after his return from Finland, but hotel staff turned them away. In the same week, officials visited Paigelynne Gonyea, another upstate New York resident, at her voting location. Gonyea posted online, criticizing Jonathan Ross, the ICE officer involved in the fatal shooting of Good.

Gonyea’s case claims she was warned after writing a post suggesting Ross should be indicted. Her post included Ross’s address, leading to a statement from Lauren Bis, spokesperson for the U.S. Department of Homeland Security. Bis emphasized that sharing an officer’s address is a federal crime, warning that investigations will follow such actions.

The New York Attorney General’s Office is aware of the encounters between the two residents and federal agents. The office is evaluating the interactions, particularly the one involving Gonyea at the polling place.