ICE threats posted on social media have led to federal charges against a Knoxville, Tennessee, man who prosecutors accuse of calling for violence against federal officers.
David Kerr, 68, was indicted by a federal grand jury on September 16, 2026, on two counts of making interstate threats involving alleged threats against ICE personnel, according to the U.S. Department of Justice and the Department of Homeland Security.
Kerr appeared in the U.S. District Court for the Eastern District of Tennessee on September 21 in the ICE-related case and pleaded not guilty.
He was detained pending trial in the case involving ICE officers, which is scheduled for November 24, 2026, before U.S. District Judge Thomas A.
Varlan in Knoxville.
Table of Contents
What the ICE indictment alleges
The indictment centers on two public posts that Kerr allegedly made on the social media platform Bluesky about ICE.
According to federal prosecutors, one post published on June 4, 2025, said, “Time to bear spray ICE!”
A second post, allegedly made on October 7, 2025, said, “Kill the ICE military police!”
The Department of Justice said the posts were charged under 18 U.S.C.
Section 875(c), a federal law covering interstate communications that contain threats to injure another person, including ICE officers.
The allegations involve online communications rather than an alleged physical attack on ICE personnel.
The indictment does not establish that Kerr committed the charged offenses, and he is presumed innocent unless prosecutors prove the case beyond a reasonable doubt.
Potential penalties if convicted
Each count carries a maximum sentence of five years in federal prison, according to the Eastern District of Tennessee U.S. Attorney’s Office.
Each charge also carries a maximum fine of $250,000 and up to three years of supervised release.
If Kerr were convicted on both counts and received the maximum prison terms, the total statutory maximum would be 10 years.
Any sentence would ultimately be determined by the federal court after consideration of the charges, the evidence, federal sentencing rules and other legally relevant factors.
How the ICE investigation developed
The case followed an investigation by Homeland Security Investigations in Knoxville, the investigative arm of ICE.
Federal prosecutors said federal investigators and the grand jury examined the alleged Bluesky posts before the indictment was returned.
Assistant U.S. Attorney David P.
Lewen Jr. is representing the government in the prosecution.
The announcement was made by the U.S. Attorney’s Office for the Eastern District of Tennessee and HSI Special Agent in Charge Dennis M.
Fetting.
The Department of Homeland Security separately said the investigation led to charges against a Tennessee resident accused of threatening ICE officers online.
What an interstate-threat charge means
Section 875(c) is commonly used in federal cases involving threatening communications transmitted across state lines or through interstate communications systems, including communications directed at federal officers.
Because social media platforms transmit data through interstate networks, prosecutors may bring a federal case when an alleged ICE-related threat is communicated online and meets the elements of the statute.
The government still must prove the required elements of the offense at trial.
That generally includes proving that the defendant transmitted a communication containing a threat and that the communication falls within the federal statute.
The precise evidence and legal arguments in Kerr’s ICE case will be addressed through court filings and proceedings before trial.
Free speech and threats against officers
People may criticize ICE, immigration enforcement policies and federal officers without automatically committing a crime.
Criminal liability can arise when prosecutors allege that speech crosses into a legally prohibited threat of violence against ICE officers or others.
The distinction is fact-specific and can depend on the language used, the surrounding circumstances and what the government can prove about the communication.
Courts evaluate the allegations under the applicable criminal statute and constitutional standards rather than treating every harsh or offensive political statement about immigration enforcement as a criminal threat.
In this case, the government alleges that the two posts went beyond criticism and constituted threats against federal officers covered by federal law.
What happens next in the case
Kerr’s not guilty plea means the prosecution must prove the charges rather than relying on an admission of guilt.
The case will proceed through the federal pretrial process, which can include motions, evidence disclosures and other hearings before trial.
The scheduled trial date is November 24, 2026, although federal trial dates can change because of court rulings, negotiations or other case developments.
At trial, prosecutors will have to prove the charges beyond a reasonable doubt.
Kerr will have the opportunity to challenge the government’s evidence and present defenses through his attorney.
Why the ICE case matters for online posts
The prosecution illustrates how federal investigators may respond to alleged threats directed at agency personnel through public online platforms.
It also shows that an online post can become the basis of a federal criminal case involving federal officers even when the alleged conduct does not involve a reported physical confrontation.
At the same time, the case remains unresolved, and the allegations should not be treated as established facts before a verdict.
Readers should rely on future court filings and official statements for confirmed developments involving the indictment, detention status, trial schedule or final outcome.
Frequently Asked Questions
Who was charged in the Tennessee ICE threats case?
Federal prosecutors charged David Kerr, 68, of Knoxville, Tennessee, in a two-count indictment alleging interstate threats against ICE officers.
What did prosecutors say the social media posts contained?
The indictment alleges that Kerr made two public Bluesky posts, including one calling for bear spray to be used against ICE and another calling for ICE military police to be killed.
Did the defendant plead guilty?
No. Kerr pleaded not guilty in federal court on September 21, 2026.
What penalties could apply if he is convicted?
Each count carries up to five years in prison, a maximum fine of $250,000 and up to three years of supervised release.
When is the trial scheduled?
The trial is scheduled for November 24, 2026, in the U.S. District Court for the Eastern District of Tennessee.
Fact-Checked: The article was checked against the September 25, 2026 DHS release and the September 21, 2026 U.S. Department of Justice announcement from the Eastern District of Tennessee.
Disclaimer: This report describes criminal allegations and official case information. The defendant is presumed innocent unless proven guilty in court.
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