Federal Court Grants Preliminary Injunction Blocking FIU’s Blanket Ban on Constitutionally Protected Speech Inside University Buildings

MIAMI, FL – A federal judge granted a preliminary injunction blocking Florida International University (FIU) from enforcing its blanket ban on “expressive activities” inside university buildings, halting university administration from using the regulation to punish students’ constitutionally protected speech.

This ruling comes twelve days after ICEBreakers, a student-led group, filed the case to block the unconstitutional policy and challenge FIU’s decision to discipline seven of its members for wearing t-shirts that said “ICE OFF FIU” as they stood silently in protest at a campus event featuring FIU President Jeanette Nuñez. Formally, the ruling prevents FIU from enforcing its policy against only members of ICEBreakers, but the court’s reasoning makes clear that it would be unconstitutional if enforced against anyone else as well.

“Blocking this regulation means students can start the fall semester without fear of being punished for peacefully protesting,” said Max Fondren, president of the ICEBreakers student group. “Our work to end FIU’s cruel and unnecessary decision to deputize campus police as ICE agents will continue.”

The court pointed to long-standing precedent that considerably protects students’ rights on campus notwithstanding FIU’s overreaching regulation, noting: “when all is said and done, and for at least sixty years, the standard has been the same: student speech cannot be curtailed unless it materially disrupts the educational mission or involves substantial disorder or invasion of the rights of others.”

“FIU’s discomfort with our message does not override our right to protest against the university’s 287(g) agreement—nor will it get us to stop,” said Andrew Caro, one of the seven charged students, a first-generation college student, and the son of Mexican immigrants. “Our protest did not derail the event, nor did it impact anyone else’s rights. It was non-disruptive and fully protected speech.”

“We are pleased the court agreed with us that FIU’s blanket ban likely violates the First Amendment,” said Nicholas Warren, senior staff attorney at the ACLU of Florida. “The law has protected students’ right to protest for generations, and this order reaffirms that fundamental freedom.”

“We stood with these students since FIU first brought these charges against them, and we’re incredibly proud to stand with them now as they take this fight to the courtroom,” said Adam Saper, attorney at Community Justice Project. “This isn’t only about their right to free speech — it's about every student on campus, especially the immigrant students who walk in every day carrying real fear of ICE, when all they’re trying to do is learn and build a future for themselves.”

Last summer, FIU became the first university in the country to volunteer to deputize campus police with the powers of ICE agents. The unprecedented decision created campus-wide concern among students and faculty alike, prompting the formation of the student group. Their attempts to meet with FIU President Nuñez, who has supported the 287(g) agreement and holds the power to end it, were repeatedly refused — leading to their silent demonstration.

The court order can be viewed below.