Francisco Mena, a resident of North Richland Hills, Texas, faces federal charges for online threats against President Donald Trump and ICE officers. His lawyers have filed a motion to dismiss, arguing the statements are hyperbolic and protected under the First Amendment. The case highlights debates over online speech and true threats.
Francisco Mena was arrested in January 2026 and indicted last month by a federal grand jury on 10 counts of threatening a federal official. The charges stem from YouTube posts he made between May 13 and May 25, 2025, targeting President Donald Trump and Immigration and Customs Enforcement (ICE) officers.
According to the federal complaint, Mena repeated "Kill Trump" 24 times in one comment and stated, "I will kill Trump," adding, "I will pay someone to give me access." In another post, he wrote "Give me a really good sniper" alongside the year 2025 and emojis including swords, a skull and crossbones, and a coffin. He also threatened ICE agents, claiming he would "respond with a gunfight" if they approached his door and alleging, "I stabbed an ICE agent in 2009... I would love to do this again."
Mena extended threats to Trump supporters, writing, "You are the prime target in the whole U.S.A.... We will murder you!!!” and "All these Trump mfs will die."
Public defenders filed a motion to dismiss before Chief District Judge Reed O’Connor, a George W. Bush appointee. They argue the statements are "hyperbolic, vague, and contradictory" and lack believability as true threats. "No reasonable juror could interpret the hyperbolic, vague, and contradictory statements alleged … 'as a serious expression of an intent to cause a present or future harm,'" the motion states. The lawyers contend the repetition and emojis undermine any serious intent, describing them as "little cartoons used in modern discourse to punctuate statements."
Prosecutors tracked Mena using YouTube account information and Google records, which included his real birthdate, phone number, and address. He admitted to the posts and knowing authorities might respond. If convicted, Mena faces up to 96 years in prison, with trial set for April 20, 2026.
U.S. Attorney Ryan Raybould stated, "Some individuals falsely believe that they are immune from criminal penalties by posting vitriol online and not in person." The Department of Justice has until April 3 to respond to the motion.
