Court Allows Prosecution Over Threats Sent to ICE Officer’s Family

Prosecution can proceed against individual for threats sent to an ICE officer’s wife targeting their children.

In U.S. v. Alexander, Judge Paul Engelmayer of the Southern District of New York ruled that criminal prosecution may proceed against a defendant accused of sending threatening messages to the spouse of an ICE deportation officer.

The defendant allegedly sent these threats on or about August 20, 2025, via a social media application. Though the messages were directed to the officer's wife, they targeted the officer's children, raising significant concerns around the protection of law enforcement families.

The defendant argued these messages were protected by the First Amendment. However, the court declined to dismiss the indictment, stating that the messages could be considered 'true threats' not protected by free speech rights. Judge Engelmayer emphasized that the message stating "[t]hey will get it too" expressed an intent to commit harm, comparable to prior rulings that defined 'true threats.'

This case highlights legal boundaries on free speech, especially where digital communications threaten harm against law enforcement officials or their families. It underscores the judiciary's stance that threats sent electronically can lead to criminal prosecution even when directed at family members.