Scoop: FIU students face conduct charges for anti-ICE demonstration
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FIU is charging students with violating conduct policies. Photo: Pedro Portal/Miami Herald/Tribune News Service via Getty Images
Florida International University is alleging seven students violated conduct policies for participating in a peaceful demonstration — a move the students and their advisor argue is unfounded and creates a chilling effect.
Why it matters: The charges highlight potential conflict between FIU's policies and First Amendment protections for students established decades ago by the Supreme Court.
State of play: In March, during a fireside discussion involving FIU president Jeanette Nuñez, about a dozen students silently stood up to reveal matching "ICE Out" shirts. They left a few minutes later.
- Inside, no school officer or staff member directed students to leave.
- Outside, officers asked them for IDs. But when the faculty advisor confirmed they weren't under arrest, she instructed them to leave without providing identification, the students told Axios.
- A month later, just seven students received a "charge letter," citing them for their actions.
Between the lines: The students are part of ICEbreakers FIU, a student-led coalition working to end FIU's 287(g) partnership with ICE.
Zoom in: The university alleges students violated a policy that prohibits "protests, parades, marches, picketing, demonstrations and other similar expressive activities" inside university buildings, per the charge letter.
Yes, but: The same policy defines "expressive activities" as those protected by the First Amendment to the U.S. Constitution.
Meanwhile, in an email exchange obtained by Axios, university officials confirmed students' actions "did not disrupt the event" and that "no other attendees" raised concerns.
- The Supreme Court has ruled students cannot be disciplined for expressive conduct in schools unless it "materially and substantially disrupts" the learning environment.
What they're saying: "This sends a message to students that engaging in civic and political discourse is a punishable offense," Tania Cepero Lopez, FIU faculty member and advisor to ICEbreakers FIU, told Axios.
- "These students represent the students we're trying to educate and bring into society, and it's a shame our university isn't seeing it that way."
- "It feels like an attempt to silence us," Kaitlyn Daley, a sophomore who was among those charged, told Axios.
The other side: Representatives of the university did not respond to Axios' request for comment.
Zoom out: The events follow what some have called a conservative takeover of public education by the DeSantis administration, and they come as campuses grapple with how to handle free speech.
- A new law requires colleges to expel students involved in a designated terrorist organization — a move free speech advocates say could target students who protest Florida officials, multiple outlets reported.
What's next: Students are waiting for a formal hearing to be set by the university.