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The Brief

The most important stories for you to know today
  • Clogged checkpoints hurt U.S.-Mexico border towns
    Clothing on mannequins on a sidewalk have handwritten prices
    A clothing store in the San Ysidro neighborhood of San Diego on April 16, 2024.

    Topline:

    U.S.-Mexico border checkpoints remain severely clogged — and border communities are hurting.

    Why now: In recent months lines at the border often stretched for several hours, frustrating more than 150,000 students, cross-border families, health care workers, small business owners, and others who daily cross to and from Mexico.

    Why it matters: Experts say some fronterizas have stopped crossing the border as often, and the loss of foot traffic in the region has resulted in heavy sales losses for small businesses.

    Government agencies are spending billions of dollars to improve wait times at the U.S.-Mexico border, but the checkpoints remain severely clogged — and border communities are hurting.

    Lea esta historia en Español

    In recent months lines at the border often stretched for several hours, frustrating more than 150,000 students, cross-border families, health care workers, small business owners, and others who daily cross to and from Mexico. Experts say some fronterizas have stopped crossing the border as often, and the loss of foot traffic in the region has resulted in heavy sales losses for small businesses.

    “Money we can replace, but time will never come back. Those people are wasting their time in that line,” said Sunil Gakherja, 49, who owns a small perfume store in San Ysidro, a neighborhood in San Diego, close to the border.

    U.S. border officials point to the need to shift resources to handle irregular migration — people who come into the United States in places other than official ports of entry, usually to seek asylum. San Diego surpassed Tucson this month as Border Patrol’s busiest sector in the nation.

    But border-area residents and business leaders say the federal government should staff the border effectively so that the $741-million expansion of the San Ysidro Port of Entry has its intended impact, to reduce wait times and stimulate the regional economy.

    Research published by the Atlantic Council says a 10-minute reduction in wait times could lead to an additional $26 million worth of cargo entering the United States each month and an annual impact of $5.4 million on the U.S. economy from purchases by families and individuals entering the United States from Mexico.

    In the San Diego region, regular border crossers say wait times are going up, not down. Waits that used to last 30 minutes to an hour on weekdays can now regularly take three to four hours. On several days last December, pedestrians waited six hours or more. Adding to their frustration, long lines also stretch southbound to enter Mexico.

    “Devastating” is how Kenia Zamarripa described the waits on both sides of the border. She is vice president of international and public affairs at the San Diego Regional Chamber of Commerce.

    “This is families losing their incomes,” she said. “There are 800 small businesses in San Ysidro that depend on pedestrian crossings and, again, 90% of their customers cross on foot.”

    State officials said it’s unclear how much California has missed out on in sales tax revenue because that information can’t be broken down by zip code.

    Small border businesses suffering

    After opening in 2017, the El Rincon restaurant in San Ysidro faced the same challenges and growing pains many small, family-run businesses contend with, said Andrea Alaniz. Her mom owns the Mexican food restaurant along San Ysidro Boulevard, a few blocks from the border.

    “We just opened the doors, and it was just us doing the cooking and waiting tables — hoping that business would increase and keep on a nice trend,” she recalled.

    Word quickly spread of her mother’s caseros — homemade family recipes from Guadalajara, Jalisco. Lines would wrap around the tiny restaurant, with some customers even driving from Los Angeles or crossing north from Baja California, for the food.

    “You know, the spices … you can find the spices anywhere, but really, it’s the way my mom and my family cooks,” said Alaniz. “My mom’s an amazing cook, and our recipes … they go way back.”

    The whole family — five siblings — pitched in to handle the increased volume and their newfound success.

    “We all work here,” laughed Alaniz. “It was a Sunday, and I remember we were all here, and the music was blaring, and we were just dancing and having fun and it was a really nice feeling.”

    Then the pandemic hit. Federal officials restricted cross-border travel. Business tanked. About 200 businesses closed in San Ysidro, a working-class, mostly immigrant community of about 25,000 people, said Jason Wells, president of the local chamber of commerce.

    “Shut their doors forever. Gone,” he said.

    Alaniz and her family managed to stay open and even sent some money home to family in Mexico, but it was a daily fight. “We just don’t get the same amount of people coming in, because people aren’t going back and forth anymore,” said Alaniz.

    Multiple studies show immigrants like Alaniz’s family were a key economic engine for the United States’ rebound from the pandemic. Some 50% of the labor market’s recent growth came from foreign-born workers between January 2023 and January 2024, according to an Economic Policy Institute analysis of federal data.

    Zamarripa says it’s these same border communities that lose about $2 billion yearly because of excessive border wait times. She worries the latest bottlenecks at checkpoints could severely impact those struggling to get back on their feet.

    Gakherja, the owner of the perfumery, described a Sunday customer who waited six hours to cross the border.

    “He got in the line at 9 in the morning, and he got here at 3:30 p.m. It’s too much. Imagine they have kids who have to go to the restroom. They need food. They’re not thinking about shopping after that,” said Gakherja.

    Waiting is the hardest part

    It’s not just small businesses that are hurting. Those hardest hit by backlogs at inefficient ports of entry include the region’s hospitality and hospital workers, students, medical patients, and anyone who relies on the interdependence of a cross-border region to offset the skyrocketing costs of living in San Diego, one of the most expensive cities in the nation.

    Hector Urquiza, a 19-year-old college student serving in the Army Reserves, lives with his brother in Tijuana because rent is too expensive in San Diego.

    “When I had to go to work, there was a two-hour line. It was like a snake, you know, wiggling around. That was kind of painful,” said Urquiza.

    Cross-border travelers often turn to Facebook to document their experiences and wait times because the official Customs and Border Protection data is considered inaccurate and unreliable. Cómo está la línea Tijuana (How is the Tijuana line), a Facebook group with 430,000 members, was founded in June 2013 when its creator relied on the official CBP wait times and was extraordinarily late for work, according to his posts.

    Urquiza said people who regularly cross the border develop a system. It sometimes includes holding a spot in line for each other to cut down on their day-to-day commute, but Tijuana authorities recently have cracked down on the practice, making it harder to get through the school or work week.

    “Like you can tell somebody to save your spot, but when you try to go back to your spot, the police are like, ‘Nah, no amigo’,” he said.

    When commuters wait in border traffic for hours, business productivity across Southern California suffers, say local leaders.

    “As a business owner, you can’t expect an employee to perform at 100% if he has four hours of sleep and then six hours on foot,” said Joaquín Luken, executive director of the Smart Border Coalition, which aims to streamline border crossings.

    Wait times averaged three hours to get back into Mexico in mid-March, he said.

    “You have a complete shift of the profile of a crosser,” said Luken.

    Before, people would cross to shop, eat, or visit. But now, border crossings are strictly business—people who need to cross for school, work, or care for a family member.

    “So, of course, most of the businesses here in the South Bay are struggling, and this impact does trickle up the county,” he said of San Diego County.

    Reece Rackley, a 30-year-old who lives in Clairemont, crosses the border to see a doctor in Baja California to save money on medical care. She’s one of roughly 1 million Americans who travel to Mexico yearly to save on health care.

    Waiting in long lines to return home can be “very, very frustrating,” she said.

    Victor Navarro, 27, a social worker and student at San Diego City College, recently broke down crying when asked about the long waits.

    “I’ve lost at least two or three years of my life in that line,” said Navarro, who lives in the La Postal neighborhood of Tijuana.

    “Why is that happening? Do they hate us? Do they want us to be standing there in line? Are they humiliating us?” asked Navarro.

    Does the U.S.-Mexico border need to be this way?

    As President Joe Biden worked to salvage a border deal with Congress in January, he said he would “shut down” the U.S.-Mexico border. His words echoed former President Donald Trump, who threatened in 2019 to close the border if Mexico didn’t step up its immigration enforcement.

    People in the Cali-Baja region wish officials in Washington would stop saying that.

    “Number one, you can’t close a border,” said Luken. “Especially when you look at Mexico being the U.S.’s number one trading partner.” One in every 29 workers in the United States has a job created or supported by U.S.-Mexico trade, the 2022 Atlantic Council study shows.

    On Monday, many commuters woke at 1 a.m. to get into a four-hour line. When they finally arrived at the checkpoint just before dawn, they found less than a third of Customs and Border Protection’s available booths were open. Some wondered aloud whether the traffic nightmare wasn’t just a slow-moving demonstration of Washington’s threats.

    Customs and Border Protection has said it shifted resources to handle large groups of migrants who overwhelm border officials to cross into the United States.

    “CBP has taken significant steps to surge personnel and resources to impacted sectors and address the challenges we are experiencing across the southwest border,” a Department of Homeland Security official said in January.

    Border officials also are trying to make sure fentanyl doesn’t enter the country.

    Luken, of the Smart Border Coalition, said when officers take an extra three seconds to open and shut a car door, multiplied by the 150,000 to 160,000 people who cross daily, it’s easy to see how wait times are compounding.

    Customs and Border Protection officials recently declined an interview with CalMatters, but Homeland Security officials have acknowledged that frustrated daily commuters and excessively long border lines highlight a need for funding to address what Washington has described as a border crisis.

    “CBP will continue to evaluate the situation along the border and make operational changes as necessary,” Homeland Security said in a statement. “Stakeholders will be provided with operational updates as they become available.”

    The Homeland Security statement also put some of the blame on people entering the United States irregularly and the people who smuggle them in.

    “Encounter numbers continue to fluctuate as smugglers and bad actors continue to spread falsehoods and show complete disregard for the safety and wellbeing of vulnerable migrants,” the agency said. “The fact remains: the United States continues to enforce immigration law, and our borders are not open for those without a legal basis to enter the country.”

  • US' World Cup run end in 4-1 loss

    Topline:

    The Americans' World Cup exit on Monday was the same as it ever was: Eliminated yet again in the Round of 16 at the hands of a European team — this time, Belgium, by a score of 4-1.


    How we got here: From the moment they stepped onto the Seattle field, the U.S. was outclassed by their opponent, No. 9-ranked Belgium. Countless turnovers and defensive lapses were seized on by the Belgians, who needed only nine minutes to take a 1-0 lead.
    The context: The U.S. men's national team came into this FIFA World Cup with a lineup full of players with key roles in Europe's top leagues. They had the name-brand coach — Mauricio Pochettino, of Tottenham, PSG and Chelsea fame. And they had homefield advantage, with every game on U.S. soil for the first time in three decades.

    The controversy: The U.S. had entered Monday's game under a cloud of controversy around their striker Folarin Balogun, who was shown a red card in last week's Round of 32 match against Bosnia-Herzegovina. An automatic one-game suspension was set to sideline Balogun, the Americans' leading scorer at the World Cup, for Monday's game. Then, the day before the game, a FIFA disciplinary panel took the highly unusual step of delaying Balogun's suspension by a year to allow him to participate. Then, news broke that President Trump had personally called FIFA president Gianni Infantino to encourage him to review the red card.

    Read on... for more on U.S.' exit.

    SEATTLE — This time was supposed to be different.

    The U.S. men's national team came into this FIFA World Cup with a lineup full of players with key roles in Europe's top leagues. They had the name-brand coach — Mauricio Pochettino, of Tottenham, PSG and Chelsea fame. And they had homefield advantage, with every game on U.S. soil for the first time in three decades.

    For weeks, the hype seemed like it might be real: The team's three wins over Paraguay, Australia and Bosnia-Herzegovina were the most ever by a U.S. men's squad in a World Cup. A new generation of American fans filled stadiums by the tens of thousands and tuned in on TV by the tens of millions.

    But in the end, the Americans' exit was the same as it ever was: Eliminated yet again in the Round of 16 at the hands of a European team — this time, Belgium, by a score of 4-1.

    From the moment they stepped onto the Seattle field, the U.S. was outclassed by their opponent, No. 9-ranked Belgium. Countless turnovers and defensive lapses were seized on by the Belgians, who needed only nine minutes to take a 1-0 lead.

    Then, once the Americans equalized on a free kick by midfielder Malik Tillman, Belgium scored yet again in barely a minute of play. Belgian forward Charles De Ketelaere scored both his team's first-half goals.

    After halftime, came an embarrassing nail in the coffin that silenced the Seattle sellout crowd for good — a 57th minute roll-in by Hans Vanaken after a slip-up by goalkeeper Matt Freese outside of the penalty area left the goal unguarded. Belgian forward Romelu Lukaku added a stoppage-time goal to seal the final score at 4-1.

    Three men in dark blue soccer kits celebrate on a field while running.
    Malik Tillman #17 of the United States celebrates scoring his team's only goal during their World Cup match against Belgium. In what was one of the few bright spots of the game, the U.S. pulled even with Belgium at 1-1. The tie lasted less than two minutes before Belgium scored again.
    (
    Luke Hales
    /
    Getty Images
    )

    The U.S. had entered Monday's game under a cloud of controversy around their striker Folarin Balogun, who was shown a red card in last week's Round of 32 match against Bosnia-Herzegovina. An automatic one-game suspension was set to sideline Balogun, the Americans' leading scorer at the World Cup, for Monday's game.

    Then, the day before the game, a FIFA disciplinary panel took the highly unusual step of delaying Balogun's suspension by a year to allow him to participate. Then, news broke that President Trump had personally called FIFA president Gianni Infantino to encourage him to review the red card.

    The Royal Belgian Football Association said it would protest Balogun's inclusion in the lineup. But even at full strength, the U.S. were never real contenders in Monday's game.

    Belgium will advance to the quarterfinals for the third time in the past four World Cups, where it will face Spain on Friday in Los Angeles.
    Copyright 2026 NPR

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  • California bill would require assessment by 2028
    Small square white cards show the numbers 1 through 7 in black text. There are also cards with gray clouds, a sun and rain clouds.
    Numbers are everywhere in kindergarten, but are all students learning the math concepts?

    Topline:

    California could begin testing students as early as kindergarten in math if a bill currently going through the state legislature becomes law.

    Why it matters: Proponents of Senate Bill 1067, including state Sen. Akilah Weber Pierson, say the goal is to identify students who are falling behind in math early so they can get help. More than 60% of California students fall below the benchmark on the state’s standardized math test.

    How the law would work: By January 2028, schools would have to choose a math test for young learners from a list created by the state’s education department. The state must also provide guidance for educators on how to interpret and explain test results to families. The test results could not be used in teacher evaluations, student grades or to identify a disability.

    What's next: The bill passed the state Senate unanimously in May and is now moving through the Assembly.

    Read on… to learn more about why it’s challenging to assess young students’ math skills. 

    California could begin testing students as early as kindergarten in math.

    Proponents of Senate Bill 1067, including state Sen. Akilah Weber Pierson, say the goal is to identify students who are falling behind in math early so they can get help. More than 60% of California students perform below the benchmark on the state’s standardized math test.

    “Math learning is cumulative, and when students fall behind in the early grades it becomes much harder to catch up,” Weber Pierson wrote in support of the bill. “At its core, this bill is about making sure every child builds a strong foundation in math, opening the door to lasting academic achievement, meaningful career pathways, and lifelong success in California’s innovation economy.”

    How the law would work

    By January 2028, schools would have to choose a math test for kindergarten, first and second grades from a list created by the state’s education department.

    The State Board of Education would set the criteria for the test and consider multiple factors, including learning standards for math and how students’ demographic information, including their primary language, may affect their performance.

    Listen 13:35
    Listen: AirTalk discusses testing kindergartners in math

    The state must also provide guidance for educators on how to interpret and explain test results to families. The results could not be used in teacher evaluations, student grades or to identify a disability.

    The Senate Appropriations Committee found it would cost more than $100 million to develop and select the test, train educators and provide ongoing support as the policy is implemented.

    What are the possible challenges?

    Megan Franke, professor of education and vice chair of professional programs at UCLA, said one challenge is that many standardized assessments do not reflect all students' understanding of mathematical concepts.

    “Young children solve problems differently than adults do, and they don't all solve problems in the same way at the same time,” Franke said.

    For example, a student who doesn't remember the word for “11” may not lack an understanding of the number system, they just may be struggling with the vocabulary.

    “Our number system is a little bit wonky, [in] that we don't count ten-one, ten-two, ten-three,” Franke said. “We made up words — eleven, twelve and thirteen.”

    Franke said there may also be other reasons why students struggle with standardized assessments, including difficulty using technology or anxiety.

    Franke said a single test, or intervention, is not a long-term solution.

    “Really, we should be thinking about schools and how we help schools be these places…where they're creating these rich opportunities for each and every student to learn mathematics,” Franke said.

    What's next 

    The bill passed the state Senate unanimously in May and is now moving through the Assembly. You can sign up to track the bill's progress through the California Legislative Information website.

  • The meaning behind the hopeful World Cup chant
    A medium skin toned man holds a large Mexican flag, his arms raised. It's nighttime. A young girl wearing a green Mexico jersey helps him hold the flag.
    Despite Mexico’s 2-3 loss against England on Sunday, the chant “¿Y si sí?” took on a new kind of power for Mexico fans during the team’s World Cup run.

    Topline:

    As Mexico took on England in the World Cup’s Round of 16 on Sunday, fans had one thing to say: “¿Y si sí?”

    What does it mean? The chant means, “What if yes?” What if the Mexican national team wins the World Cup? What if Mexico breaks (more) historic records? It’s full of hope and optimism. (Mexico ultimately was knocked out by England, 3-2.)

    Read on … for why the phrase hits home with so many Mexican soccer fans.

    As Mexico took on England in the World Cup’s Round of 16 on Sunday, fans had one thing to say: “¿Y si sí?”

    The chant translates to “What if, yes?” It refers to the swirling hope of: what if the Mexican national team wins the World Cup? What if Mexico breaks (more) historic records? What if?

    The saying grew louder after Mexico ended a 40-year curse with a 2-0 win against Ecuador last week. The national team had not won a World Cup knockout game since 1986. Not only did the team advance to the Round of 16 knockout stage, but it did so without conceding a single goal.

    Despite Mexico’s 3-2 loss against England on Sunday, “¿Y si sí?” took on a new kind of power for Mexico fans during the team’s World Cup run, especially in Southern California.

    What does the phrase mean for fans? 

    Jorge Leal, an assistant professor of history at UC Riverside, told LAist the term has grown in popularity in the last couple of weeks.

    “It's a way of saying maybe it can happen this time. It gives people a new chant, and it's hopeful,” Leal said. “From being ‘Si se puede,’ which is a great phrase, but it's very tentative, to the ‘¿Y si, sí?’ I think it's a little more affirmative.”

    “¿Y si sí?” is more empowering, whereas “Si se puede” is more aspirational, Leal added.

    Sebastian Garcia said the phrase started off as more of a joke at the top of the tournament.

    “Everyone kind of knew Mexico's history, and it was like it'd be cool, but it wouldn't happen,” Garcia said. “And then, as they started playing and they started winning … you start believing it, and then it kind of takes you over.”

    What makes this team different? 

    There are many reasons why this Mexican national team differs from previous years.

    “We cannot discount that they're playing at home, and that home advantage is huge,” Leal said. “This national team came together with really low expectations. People were very skeptical, myself included. There's a couple really great players, but most of them are young or improving.”

    Throughout the global tournament, however, that skepticism turned into optimism.

    “This national team has beaten the odds,” Leal said. “We were not expecting much of them, but now we can dream that they're going to beat expectations.”

    Nevertheless, Sunday’s loss was heartbreaking, Leal said.

    https://www.instagram.com/p/DaPQ-RyA7jA/

    Why it matters 

    Mari Garcia said Mexican Americans, and Latinos overall, have been feeling so much uncertainty in the last year, especially following last summer’s ICE raids.

    “Another soccer player, when asked about that phrase, he said ‘¿Por que no?’ (Why not?), and I think that's simply the answer,” Mari said. “(It’s) reaffirming that we are capable of doing anything.”

    Mexico’s run was more than 20 days of euphoria that show how unifying global events can be, Leal added.

    “We have been in an era that ethnic Mexicans, Mexican Americans, Chicanos, people of Mexican descent - we have been under persecution,” Leal said.

    As the World Cup continues on, Leal said, what keeps us from continuing the watch parties and collectivity?

    “Obviously, the ones for the Mexican team are much more fun, but … I think in L.A., in a region that sorely needs this type of collective event, we can see how they can bring people together,” Leal said. “It's very bittersweet, but I think that we can … rejoice that it happened, that we lived through this very special three-and-a-half weeks.”

  • Man sues agency after agents tracked him down
    Two screenshots from a security camera, side by side, showing a man and a woman, both wearing dark blue jackets, approaching the front door of a home. There is a bicycle propped up against a railing to the left of the photos.
    Two federal agents in blue jackets stand on David Streever's porch at his home in Rochester, N.Y.

    Topline:

    Rochester, N.Y. resident David Streever is suing the Department of Homeland Security after federal agents tried last month to track him down and give him a warning notice alleging that he had potentially violated the law when he wrote a harsh email months earlier to the former head of U.S. Immigration and Customs Enforcement.

    About the lawsuit: Filed by the nonprofit Foundation for Individual Rights and Expression on Monday in federal court in Washington, D.C., the lawsuit argues that Streever's January email was protected speech and the federal agents' and their superiors violated Streever's First Amendment rights. FIRE's lawsuit says the First Amendment protects Americans' rights to speak out against police but says the "Department of Homeland Security (DHS) is actively threatening that freedom, tracking down and retaliating against speakers like Plaintiff David Streever because he exercised his fundamental right to criticize one of the highest-ranking law enforcement officers in the United States."
    The backstory: Streever wrote to Todd Lyons, who stepped down as the acting director of ICE at the end of May, on Jan. 26 after federal immigration officers in Minneapolis fatally shot two U.S. citizen observers during the immigration enforcement surge there. The three-paragraph note compared Lyons to a Nazi and predicted that Lyons would be tormented by his own conscience. It has the subject line, "What's next." Five months later, on June 23, two HSI agents rang the doorbell of Streever's Rochester home and then left a document with Streever's wife for him to sign. It was labeled "WARNING NOTICE" and "YOU MAY BE IN VIOLATION OF FEDERAL LAW," and described federal laws that make it a crime to threaten federal officials.

    Federal agents with Homeland Security Investigations tried to track down Rochester, N.Y. resident David Streever last month and give him a warning notice alleging that he had potentially violated the law when he wrote a harsh email months earlier to the former head of U.S. Immigration and Customs Enforcement.

    Now a lawsuit filed by the nonprofit Foundation for Individual Rights and Expression on Monday in federal court in Washington, D.C. argues Streever's January email was protected speech and the federal agents' and their superiors violated Streever's First Amendment rights.

    NPR reported last week about HSI agents trying to contact Streever first at his home and later at a hotel over an email that Streever wrote to Todd Lyons, who stepped down as the acting director of ICE at the end of May.

    FIRE's lawsuit says the First Amendment protects Americans' rights to speak out against police but says the "Department of Homeland Security (DHS) is actively threatening that freedom, tracking down and retaliating against speakers like Plaintiff David Streever because he exercised his fundamental right to criticize one of the highest-ranking law enforcement officers in the United States."

    The suit goes on to say, "Our Constitution does not tolerate such a brazen abuse of authority."

    Streever wrote to Lyons' government email address on Jan. 26 after federal immigration officers in Minneapolis fatally shot two U.S. citizen observers during the immigration enforcement surge there.

    The three-paragraph note compared Lyons to a Nazi and predicted that Lyons would be tormented by his own conscience. It has the subject line, "What's next."

    Five months later, on June 23, two HSI agents rang the doorbell of Streever's Rochester home and then left a document with Streever's wife for him to sign. It was labeled "WARNING NOTICE" and "YOU MAY BE IN VIOLATION OF FEDERAL LAW," and described federal laws that make it a crime to threaten federal officials. The notice said ICE's Office of Professional Responsibility had identified an email to Lyons that may violate federal law and the office "is requesting that you promptly remove and/or discontinue the aforementioned behavior."

    The bottom of the form reads, "Receipt of this Notice will be taken into consideration, should you continue to be involved in any criminal activities described above."

    Streever was taking his 7-year-old daughter on a vacation to a Finnish theme park when the agents visited his home. He and his daughter landed at New York City's John F. Kennedy International Airport two days later and made their way to a nearby airport hotel to sleep.

    That evening, Streever was told by the hotel front desk that a federal agent from the Department of Homeland Security had come to see him and had left a business card. His wife had not told the agents which hotel he would be staying at, raising questions about how Streever had been tracked to that location.

    "Like many Americans, I was deeply upset after the shootings in Minnesota and I felt compelled to do something," Streever said in a statement. "Writing an email to the head of ICE seemed like the least I could do to express my sense of outrage. I never dreamed it would lead to a knock on my door by federal officers or descending on my hotel in the dark of night."

    The lawsuit names three federal agents who tried to contact Streever as defendants along with Secretary of Homeland Security Markwayne Mullin and ICE officials.

    The suit argues the federal agents' actions have caused Streever to self-censor his views, and alleges they violated a First Amendment bar on the government threatening people over protected speech.

    The lawsuit asks for the court to find that Streever's email was protected by the First Amendment, and to bar defendants "from taking any further actions, formal or informal, to coerce, threaten, retaliate against, or intimate repercussions directly or indirectly to Plaintiff Streever for his protected speech and petitioning activity."

    The suit also asks the court to declare the warning notices federal agents are issuing people are "sufficient" to chill free expression protected by the First Amendment.

    "ICE's issuance of formal "WARNING NOTICE" documents to critics who engage in protected speech—and its decision to have federal agents deliver those warnings in person—can have only one purpose: to systemically chill ICE's critics and coerce them into silence," the suit reads.

    DHS initially responded with the same statement that it provided last week when NPR first asked about Streever's case. "ICE investigates all credible threats towards its employees and officers, including threats to the ICE Director. As a matter of policy, we do not comment on any ongoing investigations."

    Later on Monday DHS sent an additional statement. "Any allegation DHS and its components are attempting to 'squash' free speech is categorically FALSE," it reads.

    "Our law enforcement officers are on the frontlines arresting terrorists, gang members, murderers, child sex abusers, and rapists. They are experiencing coordinated campaigns of violence against them and facing a 1,300% increase in assaults against them, a 3,300% increase in vehicular attacks, and an 8,000% increase in death threats."

    NPR has not verified the statistics shared by DHS.

    "Anyone who assaults or threatens our law enforcement officers will face the consequences," the statement concludes.

    Adam Steinbaugh, senior attorney at FIRE, said in a statement the government's delayed response to Streever's January email undermines its investigation.

    "If someone is really threatening a government official, you don't wait five months to act on it," Steinbaugh said in the statement. "The fact that authorities didn't respond immediately shows that David presented no threat. This pursuit is designed to intimidate lawful speech, pure and simple."

    Poll worker given the same warning notice

    The lawsuit mentions that the same day HSI agents visited Streever's home on June 23, they also confronted Paigelynne Gonyea, a Syracuse resident who was working at a polling place for the New York primary election that day, about an Instagram post.

    While Gonyea was at Syracuse's Central Library working the polls, an HSI agent left her a voicemail that said the agents had just visited her former apartment and were calling "in reference to a post that we believe you made on Instagram where you doxxed an ICE agent back in January."

    Doxxing typically refers to releasing sensitive information about a person online.

    Gonyea called the agent back. She said the agents had wanted her to come outside the polling place to speak with them but she told NPR she did not trust them, and had told them to come talk to her inside the polling place when there was a lull in voters.

    Local election officials later said the federal agents should not have gone inside, given that police are not supposed to enter polling places unless there is an emergency and a recently enacted New York law bars federal immigration officers from voting sites.

    Video captured by fellow poll workers shows two agents with badges speaking with Gonyea inside the library and delivering a warning notice that said her Instagram account may have violated the law. Gonyea said the agents did not tell her which of her posts had prompted their visit but they had confirmed it was a post about Jonathan Ross, the ICE officer who fatally shot Renee Macklin Good in Minneapolis.

    Gonyea denied to NPR and other news outlets that she had ever doxxed Ross and had said she thought the agents were referring to a post she made that identified Ross by name after the Minnesota Star Tribune had reported it, and called for Ross to be indicted. That post is still visible on her Instagram account.

    But after NPR and other media outlets wrote about the encounter, DHS released a statement that said Gonyea "committed a federal crime by posting the address of an ICE law enforcement officer online." The statement continued, "Doxxing federal law enforcement officers is a federal crime that puts their lives and their families in serious danger…If you doxx our officers, we will investigate you, and you will be brought to justice."

    DHS did not respond to requests from NPR to provide evidence that Gonyea had doxxed Ross. But the department did share with the Associated Press a redacted screenshot taken from a cell phone of a different Instagram post that looks like it was posted from Gonyea's account.

    The post that was shown to AP is a photo of Ross with text that reads, "The killer's name is Jonathan Ross of" and the rest is redacted, presumably by DHS. The post does not currently appear on Gonyea's Instagram account. The screenshot shows it was taken six hours after the post went up but does not show a date.

    Gonyea told NPR she had the opportunity to review the screenshot of the post but she did not believe she had posted it.

    "Based on everything I know, I do not believe that I made that post, and I have no independent recollection of ever creating or publishing it," she told NPR in a text message.

    "There is additional context that I believe is important, and I look forward to addressing those matters through the appropriate process rather than in the press," she wrote.

    "What has not changed is my concern about the broader constitutional issues raised by my experience, including free speech, due process and government accountability."

    Steinbaugh from FIRE told NPR last week that a social media post that shares a person's address alone is not a criminal offense.

    "What the law criminalizes is publishing an address or sharing an address with the intent to convey a threat," Steinbaugh said. "So if you post an address and say, 'Hey, gang, at 5:00 tonight, we're going to all meet up here with our pitchforks and torches,' that puts you more in the ballpark of a threat."

    He said some social media posts that publicized Ross's address were in the context of a broader public debate about whether federal immigration officers can wear masks and refuse to identify themselves "and essentially [act] almost as a secret police." He said for that reason, some posts that shared information about Ross were a form of protest.

    "People might think that that is speech that people should not engage in, but it's still protected and it can't be criminalized," Steinbaugh said.

    Gonyea and Streever are the first two people who have made public that they received warning notices from Homeland Security agents about their online communications.
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