# Judge: Telling ICE 'your actions will haunt you' is free speech

> A federal court blocked ICE from threatening prosecution over a critical email that compared an official to a Nazi.
- Title: Judge: Telling ICE 'your actions will haunt you' is free…
- Summary: A federal court blocked ICE from threatening prosecution over a critical email that compared an official to a Nazi. Harsh moral criticism of government…
- Keywords: ice, immigration and customs enforcement, david streever, first amendment, free speech, fire, foundation for individual rights and exp, rudolph contreras, todd lyons, dhs, department of homeland security, preliminary injunction
- Source: Ars Technica — https://arstechnica.com/tech-policy/2026/09/its-ok-to-tell-ice-their-actions-will-haunt-them-judge-rules-in-speech-fight
- Published: 2026-09-16T17:06:06+00:00
- Read time: 2 min
- Topics: ice, immigration and customs enforcement, david streever, first amendment, free speech, fire, foundation for individual rights and exp, rudolph contreras, todd lyons, dhs, department of homeland security, preliminary injunction
## ICE threatened a critic
A federal judge blocked ICE from prosecuting David Streever for an email telling officials their actions will haunt them.
## The scathing email
Streever called ICE's acting director a 'monstrous human being' after two Minnesota protestors were killed. He compared him to a Nazi official.

> You are a monstrous human being and will go down in history as America's Reinhard Heydrich, the butcher.
## Predicting moral torment
Streever wrote that the official would 'never know peace' and would 'torment yourself until your last day on Earth.'

> You will never know peace. You will seek to lose yourself, to escape the burden of knowing the truth about yourself.
## Warning notice five months later
ICE served a warning at Streever's home claiming his email may have been a criminal threat. Agents then tracked him to a hotel.
## Self-censoring out of fear
The warning told Streever to stop criticizing ICE leadership or face prosecution. He's been censoring himself ever since, deeply alarmed.
## ICE quietly dropped the case
ICE says it closed the investigation within a month but never told Streever. A DHS social media post suggested the probe was still active.
## Judge orders ICE to stop
The court ordered ICE to stop enforcing the warning or making similar threats. Otherwise, Streever faces prosecution for future political speech.

> I'm deeply relieved that the court affirmed what I knew all along: that I am permitted to speak my conscience in the United States of America.
## ICE cited a threat surge
ICE noted a 946 percent increase in threats against officials between 2024 and 2025. It claimed the email had 'potential threatening undertones.'
## ICE doesn't contest it's protected
ICE's lawyers 'wisely do not contest' that Streever's email is protected speech. The email contained no physical threat, just moral condemnation.
## First Amendment at its peak
Political speech to government officials gets the strongest First Amendment protection. The email was harsh but 'a far cry from a true threat.'

> Streever has a right to express his political views through non-threatening speech, however degrading the speech might be.
## Streever likely to win
The judge found Streever will likely prove ICE either coerced him into abandoning his rights or retaliated against him for exercising them.

> Ominous letters warning people their speech might land them in prison are meant to coerce people into silence, and that's not how the First Amendment works.
## Fighting to protect protestors
Streever hopes his case will end intimidation tactics meant to silence critics. He wants others to feel free to peacefully express critical views.

> I hope others will not be discouraged from peacefully expressing their views, even when those views are critical of the government.
## Key takeaway

Harsh moral criticism of government officials, even comparing them to Nazis, is protected First Amendment speech and cannot be prosecuted as a threat.