Federal Judge Rules Email to ICE Official Not a Criminal Threat, Blocks Prosecution

Injunction Granted Against ICE

A federal judge ruled on Tuesday that sending an email to Immigration and Customs Enforcement (ICE) officials, stating their actions will have consequences, is not illegal. This decision led to a preliminary injunction that prevents ICE from pursuing prosecution against a critic for what was deemed protected speech.

Background of the Email Incident

In January, David Streever sent an email to then-acting director of ICE, Todd Lyons, expressing outrage over the killings of two Minnesota protestors. Streever's email condemned Lyons, comparing him to a historical figure and predicting future repercussions for defending officers involved in the incidents.

ICE's Response and Warning

Five months after the email was sent, ICE served a warning notice at Streever’s home, suggesting his message could be considered a criminal threat of violence. These warnings are typically issued for threats of assault, kidnapping, or murder. ICE agents also tracked Streever to a hotel when he was not home, which his lawyers stated caused him significant alarm and led to self-censorship.

Legal Interpretation of the Email

The judge's ruling clarifies that Streever's email, despite its strong language and critical tone, falls under protected speech and does not meet the criteria for a criminal threat. This injunction prevents ICE from taking further action against Streever based on the content of that email.