Judge: FIU can’t enforce protest policy against anti-ICE demonstrators

A federal judge ruled Florida International University likely can't enforce its protest policy against students disciplined for a March anti-ICE demonstration, granting a preliminary injunction days before a university deadline for the students to submit a 'video reflection' on the rule or risk losing their diplomas. The students, wearing 'ICE OFF FIU' shirts, silently stood and turned their backs during a public event before leaving after under five minutes.

Judge Jacqueline Becerra leaned heavily on Tinker v. Des Moines, the 1969 case protecting student speech, finding the protest neither disrupted the event nor violated anyone's rights. FIU had charged the students under an 'expressive activities' policy adopted, it says, to protect safety — the same university whose police department has a formal agreement to help enforce immigration law.

The ACLU, representing the students, noted the ruling technically only covers this group but argues the reasoning makes the policy unconstitutional against anyone. The students say their fight against FIU's ICE partnership continues regardless of the paperwork deadline they no longer have to meet.

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