FIU students seek court order after discipline for silent ICE protest
A federal judge is expected to decide Monday whether Florida International University can discipline seven students who took part in a silent campus demonstration opposing the school's partnership with U.S. Immigration and Customs Enforcement.
The students and their attorneys appeared in federal court on Wednesday for a hearing in their lawsuit challenging FIU's actions on First Amendment grounds. After the roughly two-hour hearing, attorneys for the students said they were optimistic the court would block the university from enforcing its policy.
"I'm one of the seven students charged by my university for engaging in a silent, non-disruptive protest," said Andrew Caro, a member of the student coalition ICEBreakers FIU.
Caro and six other students participated in a March 13 demonstration during an indoor campus event featuring FIU President Jeanette Nuñez and former Major League Baseball player Alex Rodriguez.
During the event, the students stood silently wearing T-shirts that read "ICE OFF FIU." The demonstration was meant to protest an agreement involving FIU police and ICE.
Afterward, FIU brought misconduct charges against the students under a policy governing expressive activities on campus. According to the students' attorneys, the disciplinary process also required each student to submit a video apologizing and stating they would comply with university policy.
The students are challenging those actions in federal court, arguing that FIU's policy – and its application to their silent demonstration – violates their First Amendment rights.
"This is an extremely strong case because what FIU is doing is extremely violative of the First Amendment," said Nicholas Warren, a senior staff attorney with the ACLU of Florida and one of the attorneys representing the students.
Warren said the students did not interrupt the March event.
"The protest that these students engaged in and were punished for was peaceful and not disruptive," he said.
The seven students appeared at Wednesday's hearing wearing the same "ICE OFF FIU" shirts they wore during the March demonstration.
Max Fondren, president of the ICEBreakers student group, said the organization believes the university's partnership with immigration authorities could negatively affect students.
"When we say 'ICE off FIU,' that is why, because choosing to have them on our campus is not just ironic, it's cruel, it's unnecessary, and it is harmful to the very students the school claims to serve," Fondren said.
U.S. District Judge Jacqueline Becerra will decide whether to grant the students relief.
After Wednesday's hearing, Warren said he was encouraged by the judge's questions and hoped for a ruling before students return for the new semester.
"At today's hearing, I think we saw the judge ask insightful questions and understand our argument, and we feel very optimistic that before school starts on Monday for a new semester, the court will block FIU from enforcing this policy," Warren said.
Attorneys representing FIU left the courthouse without commenting.
CBS News Miami reached out to FIU for comment, but had not received a response.