Federal Judge Rules DHS Likely Violated Rochester Man's First Amendment Rights Over Anti-ICE Email

U.S. District Judge Rudolph Contreras (D.D.C.) ruled on Tuesday, September 15, 2026 that David Streever, a Rochester, New York resident, is likely to succeed on his claim that DHS and ICE violated his First Amendment rights after he emailed then-Acting ICE Director Todd Lyons in January criticizing the immigration crackdown in Minnesota. Two ICE agents delivered a 'Warning Notice' to Streever's home on June 23, 2026 and separately tried to contact him at a hotel, warning him that continuing his conduct could lead to prosecution. In a 43-page opinion, Contreras wrote that 'Mr. Streever has a right to express his political views through non-threatening speech, however degrading the speech might be,' and that the Warning Notice 'practically shouts' that Streever could be prosecuted if he keeps speaking out. The preliminary injunction bars DHS and ICE from relying on the notice, from using the January email as grounds for prosecution or investigative demands while the case proceeds, and from issuing similar warnings suggesting that non-threatening criticism of the government is unlawful.