WEST MIAMI-DADE, FLA. (WSVN) – A federal judge ruled that Florida International University likely violated the First Amendment rights of a group of students who were reprimanded for protesting the presence of U.S. Immigration and Customs Enforcement on campus.
Police body camera footage from March 13 shows several FIU students standing up during an indoor event, their backs to the stage, wearing shirts that say “ICE off FIU.” They were protesting the university’s decision to allow FIU Police to work with the controversial government agency.
Outside video shows students pressing law enforcement, as well as FIU President Jeanette M. Nuñez as she gets in her car.
Not long after the demonstration, the university charged seven of the students with misconduct for violating an FIU rule prohibiting expressive activities indoors.
FIU officials’ actions in the wake of the silent protest resulted in a lawsuit against these officials.
FIU student Andrew Caro, a plaintiff in the lawsuit, shared his thoughts on the victory on Monday afternoon.
“Knowing that we don’t have to record that video and that our university will not go ahead with punishing us at least until the case finishes is absolutely overwhelming, and we’re very happy to hear it,” he said. “The video that FIU submitted to the judge showing our demonstration actually worked against FIU, because it just showed how peaceful and just how silent the demonstration actually was.”
He also shared the reason behind the demonstrations against the university and lawsuit.
“We’re fighting the lawsuit for the same reason why we’re engage in the demonstration in the first place. Our Latino community is consistently under attack and being oppressed by our governments and by the [Department of Homeland Security] and ICE, and the fact that my university is complicit in that is the entire reason why we engage in the demonstration,” he said.
Late last week, the students rallied outside a courthouse in downtown Miami, on the day of their first hearing, with the American Civil Liberties Union in their corner.
“We are committed to getting ICE off FIU,” said Caro at the rally.
“ICE has no place in a public university,” said another student.
Speaking at the rally on Friday, Nicholas Warren with the ACLU of Florida was confident that victory would be theirs.
“We’re feeling very optimistic that the court will block FIU from enforcing this policy and protect all students on campus for being punished for engaging in First Amendment protected speech and expression,” he said.
In a filing Sunday, more than five months after the protest, the federal judge ruled in the students’ favor, issuing a preliminary injunction that orders the university to stop enforcing the policy that landed some of the young protesters in trouble while the case move forward.
The lawsuit states the students, who are part of a group called the ICEbreakers FIU Coalition, “silently stood for a moment, and then silently walked out.”
“Our demonstration was peaceful, silent and non-disruptive,” said Caro.
“The law is clear: Students have a right to protest on their campus, and the protest that these students engaged in and were punished by the university for was peaceful and non-disruptive, which is exactly what the law protects,” said Nicholas Warren with the ACLU of Florida.
The judge agreed, finding that FIU cannot prohibit peaceful student expression simply because it happens indoors.
The ICEbreakers FIU Coalition shared a post in social media that says:
“Our case continues as we keep fighting to protect out First Amendment Rights on campus and defend out students from injustice.”
A spokesperson for FIU released a statement reading in part:
“FIU values freedom of expression and supports an environment that fosters civil discourse and the respectful exchange of ideas.”
The judge’s decision comes just before the first day of classes on FIU campuses.
While the students who filed this lawsuit have won this emergency round, they have not won the entire legal fight. The lawsuit will continue to move forward, and the university can appeal this decision.
Copyright 2026 Sunbeam Television Corp. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Join our Newsletter for the latest news right to your inbox