Federal Authorities Issue Warning to New Yorker Over Email Criticizing Immigration Enforcement Tactics

A New York resident stated on Tuesday that federal authorities served him with a warning regarding an email they deemed threatening, which he had sent to criticize tactics employed by Immigration and Customs Enforcement (ICE).

David Streever, a resident of Rochester, was traveling in Finland last week when two officers appeared at his home. They presented his wife with a warning notice, informing him that an email he had dispatched earlier in the year was considered a threat, his attorney confirmed to The Associated Press.

The Content of the Email and Its Context

Streever sent the email in January to Todd Lyons, who was then serving as the acting director of ICE. His message followed an incident in Minneapolis where an ICE agent fatally shot U.S. citizen Renee Nicole Good during an immigration enforcement operation.

In his correspondence, Streever conveyed to Lyons that he was "a monstrous human being" who "will never know peace."

The way you are protecting the obvious execution in Minnesota, even as we see the videos, will lead to your downfall. Even Trump will turn on you before the end, and you will be a sad, despised man who eats himself alive with shame at your own pathetic weakness.

This quote from Streever's email was provided by Adam Steinbaugh, an attorney with the Foundation for Individual Rights and Expression (FIRE), who is representing Streever.

Upon Streever’s return from Finland, federal officers also attempted to approach him at a New York City hotel, but hotel staff reportedly prevented their access, Steinbaugh noted.

Legal Arguments and Streever's Reaction

Steinbaugh asserted that the email constitutes protected speech under the First Amendment and does not qualify as a genuine threat.

A true threat is a serious expression of an intent to commit violence. This email doesn't even come close. It's political speech, it's an act of petitioning your government.

Streever expressed his astonishment that federal officers would visit his home to question him about his email.

Like many Americans, I was deeply upset after the shootings in Minnesota and I felt compelled to do something. Writing a letter to the head of ICE seemed like the least I could do to express my sense of outrage. I never dreamed it would lead to a knock on my door by federal officers.

In response to inquiries, ICE issued a statement to The Associated Press, saying, "ICE investigates all credible threats towards its employees and officers, including threats to the ICE Director."

A Parallel Incident in Syracuse

The warning issued to Streever occurred in the same week that Paigelynne Gonyea, a poll worker from Syracuse, reported that two federal officers confronted her at a voting site during New York’s primary elections. They questioned her about a social media post she had made concerning Jonathan Ross, the ICE officer involved in Good's death.

Gonyea believes her confrontation stemmed from a January social media post. In it, she shared a picture of Ross with the caption: "I think today is a great day for Jonathan to be indicted." This post, which remains accessible online, was published after Ross's identity had already been disclosed by the media.

Lauren Bis, a spokesperson for the Department of Homeland Security (DHS), shared an image of a different social media post from Gonyea, which reportedly showed the woman sharing Ross's address, according to The Associated Press. A portion of this post was redacted.

Bis stated last week that Gonyea "committed a federal crime by posting the address of an ICE law enforcement officer online" and warned, "if you doxx our officers, we will investigate you, and you will be brought to justice."

Concerns Over Free Speech and Civil Liberties

Advocates for free speech, including those from the Foundation for Individual Rights and Expression and the American Civil Liberties Union (ACLU), argue that these two incidents suggest federal law enforcement may be infringing upon Americans' rights to privacy and freedom of expression.

Nathan Freed Wessler, deputy director of the ACLU's speech, privacy, and technology project, emphasized that the First Amendment guarantees the right to criticize the government.

Nobody should be tracked down at their home or hotel room by federal agents in retribution for sending an email merely expressing frustration and opposition to the government’s actions. This is an abuse of power and a gross attempt to chill Americans’ constitutionally protected speech.

While ICE and DHS have affirmed their practice of investigating credible threats and doxxing against law enforcement personnel, the government has not publicly offered a more comprehensive explanation for why Streever’s email was classified as a threat.