US Immigration and Customs Enforcement
A US federal judge has barred the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) from issuing another warning notice threatening prosecution against a US citizen over his criticism of the agency, saying the government’s actions could infringe on his First Amendment rights.
DHS defends investigation
However, the judge said the ruling does not prevent DHS officials from investigating future conduct to protect law enforcement officers and public officials, provided such actions do not infringe on Streever’s protected speech. Streever subsequently sued DHS, arguing that the investigation and warning caused him to self-censor his political views. The court order prevents DHS, its secretary Markwayne Mullin and ICE from issuing another similar warning to Streever or taking further action based on the notice while the case continues. It did not claim in its court filing that his email constituted a violent threat that could be prosecuted.
The government had previously argued that the investigation into Streever was closed in late June. US District Judge Rudolph Contreras in Washington DC issued a preliminary injunction on Tuesday in a case brought by David Streever, a Rochester, New York, resident who accused DHS officials of violating his constitutional right to free speech.