A second resident of upstate New York has reported receiving a warning from federal officers regarding online criticism of U.S. Immigration and Customs Enforcement (ICE). David Streever, of Rochester, stated that two officers visited his home and presented his wife with a warning notice concerning an email he had sent months prior.
Streever sent the email in January to Todd Lyons, then acting director of ICE, following an incident where an immigration officer fatally shot Minneapolis resident Renee Good during an anti-ICE demonstration. In the email, Streever referred to Lyons as a "monstrous human being" who "will never know peace" and predicted his "downfall."
The warning to Streever occurred in the same week that poll worker Paigelynne Gonyea, of Syracuse, reported that federal officers had approached her at a voting location during New York's primaries. Gonyea said she was confronted about a social media post she had made about the ICE officer who shot Good.
Adam Steinbaugh, an attorney with the Foundation for Individual Rights and Expression representing Streever, said federal agents also attempted to speak with Streever at a New York City hotel upon his return from Finland, but hotel staff denied them access. Steinbaugh argued that Streever's email constituted protected speech, stating, "A true threat is a serious expression of an intent to commit violence. This email doesn’t even come close. It’s political speech, it’s an act of petitioning your government."
Streever, in a statement, expressed his outrage over the shooting and his belief that writing to the head of ICE was the least he could do. He indicated he did not anticipate federal officers knocking on his door. Streever has no plans to contact the Department of Homeland Security, ICE's parent agency, according to his attorney.
Gonyea believes her warning originated from a January social media post that included a photograph of Jonathan Ross, the ICE officer involved in the shooting of Good. In the post, Gonyea wrote, "I think today is a great day for Jonathan to be indicted." A spokesperson for the U.S. Department of Homeland Security stated that Gonyea "committed a federal crime by posting the address of an ICE law enforcement officer online" and that the agency "will investigate you, and you will be brought to justice" if officers' addresses are posted online.
Representatives for ICE declined to comment on Streever's case, citing an ongoing investigation. The agency stated in a statement that it "investigates all credible threats towards its employees and officers, including threats to the ICE Director."
The New York Attorney General's Office has acknowledged awareness of the contacts between the two residents and federal agents and is reviewing the interaction involving Gonyea at the polls.
Free speech advocates have voiced concerns that these incidents represent an infringement on privacy and free expression by federal law enforcement. Nathan Freed Wessler, deputy director of the ACLU’s speech, privacy and technology project, asserted that individuals should not be subjected to such scrutiny for expressing criticism of government actions, calling the events an "abuse of power" and an "attempt to chill Americans’ constitutionally protected speech."