US court bars DHS from sending warnings to ICE critic — The Hill
A federal judge in the United States issued a preliminary injunction barring the Department of Homeland Security (DHS) from sending new warning notices to New York State resident David Strever. Judge Rudolph Contreras concluded that the practice likely violated the First Amendment to the U.S. Constitution, which protects freedom of speech, The Hill reports.
Letter to the ICE chief
Strever sent a strongly worded email to acting U.S. Immigration and Customs Enforcement director Todd Lyons. In it, he condemned the deaths of two U.S. citizens during immigration operations in Minneapolis and wrote that these actions would lead to Lyons’s downfall. Strever also compared the official to Reinhard Heydrich, a police figure in Nazi Germany who was called “the butcher.”
In July, Strever filed a lawsuit against DHS. He said that while he was abroad, two federal officers came to his home and delivered a warning letter to his wife. The document stated that his remarks could constitute a criminal threat against federal personnel.
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Court findings and DHS response
The lawsuit also alleges that after Strever returned to the United States, DHS officials tracked him to a hotel in New York, repeatedly left voicemail messages, and tried to obtain his signature on the warning. Strever accused the department of an improper response to his criticism and of violating his right to freedom of speech.
Contreras noted that the notice created the impression that Strever could face criminal liability for continuing his political speech. The judge also stated that his letter was not a genuine threat of violence, which is not constitutionally protected. At the same time, he allowed DHS to investigate threats against officials, provided that the department does not take actions that restrain protected speech.
DHS said that accusations of attempts to suppress freedom of speech are categorically false. A department representative stressed that ICE investigates all credible threats against the service’s employees and officials. According to a declaration by a senior ICE official, the number of threats against the service’s personnel has risen sharply since the beginning of 2025, while the investigation into Strever’s letter was closed on June 30. At the same time, U.S. Department of Justice lawyers did not claim in court filings that his message contained a threat. DHS has two weeks to appeal the ruling.
