Students will need to prove their lawful status in order to enroll in the state’s public college system or adult education programs.<\/p>\n
\nThe Florida State Board of Education approved the changes<\/a> last week, with all but one board member, Daniel Foghanoli, voting for the amendments.<\/p>\n \nIt’s unclear whether the new requirements will apply to current students or only to new applicants.<\/p>\n \nThe Board also hasn’t clarified if the change will impact Deferred Action for Childhood Arrivals, or DACA, recipients; Temporary Protected Status, or TPS, holders; or those with pending asylum applications \u2014 all of whom are authorized to live and work in the U.S. as long as the programs are in place.<\/p>\n \nWUSF reached out to the BOE, but has not received a response yet.<\/p>\n ALSO READ: Florida board says you must be a citizen or ‘lawfully present’ to attend state colleges<\/a><\/p>\n \nThe 12-member public university system, which is separate from the state’s 28-college system, is considering a similar restriction<\/a> as well.<\/p>\n \nNearly 40 individuals spoke against the rule changes during last Tuesday’s meeting, including Democratic lawmakers who contend the Board is overstepping their authority by creating policies in the absence of a corresponding state law.<\/p>\n \nSen. Carlos Guillermo Smith, D-Orlando, is a member of the Joint Administrative Procedures Committee, which penned a letter to the Board<\/a> questioning the legality of their move.<\/p>\n \nThe JAPC is a bi-partisan committee<\/a> tasked with making sure agencies stay within the bounds of their rule-making authority.<\/p>\n \n“That authority is implementing laws that the legislature has passed and the governor has signed. They don’t have the authority to create their own laws as they’re trying to do here with this proposal,” said Smith.<\/p>\n \nThe letter also claims the rules violate Florida state law<\/a> that prohibits discrimination against students in the K-20 public education system based on national origin.<\/p>\n “It really goes against what education is supposed to be about. People are going to drop out of high school because they don’t have aspirations, like they can’t go to college.”<\/p>\n \nDuring the 2026 legislative session, lawmakers failed to pass bills that would’ve banned<\/a> undocumented students from public universities and colleges.<\/p>\n \nSmith, along with other critics, have accused the Board of trying to circumvent the legislature as a result.<\/p>\n \n“Now what [Gov. Ron] DeSantis is doing is he’s using his appointees at the State Board of Education to try to create new laws that the legislature failed to pass,” said Smith. “That’s actually not how this works.”<\/p>\n \nSmith said it’s ultimately up to the JAPC, which has a Republican majority, to take action against the board.<\/p>\n \nLast year, the state eliminated in-state tuition for undocumented students, including DACA recipients, even if they were Florida residents. Those students saw their tuition rates nearly triple in some cases.<\/p>\n ALSO READ: Dreamers say eliminating in-state tuition waivers would make college an impossible goal<\/a><\/p>\n \nIn order to afford continuing their education, some reduced the number of classes they took in a semester, delaying graduation dates<\/a>.<\/p>\n \nGaby Pacheco is president and CEO of TheDream.US<\/a>, a college access group for immigrant students.<\/p>\n \nShe said the group helped hundreds of students transition to online programs or private institutions where they could receive scholarships after the tuition hike.<\/p>\n \nPacheco said the new restrictions at the college level \u2014 and the university level if that proposal is implemented \u2014 would essentially slam the door on higher ed for these students.<\/p>\n \nIt would also make Florida one of the most restrictive states when it comes to higher ed access for immigrant students. Alabama, Georgia and South Carolina have similar laws or policies in place<\/a>.<\/p>\n \n“It really goes against what education is supposed to be about,” said Pacheco. “People are going to drop out of high school because they don’t have aspirations, like they can’t go to college.”<\/p>\n \nPrivate institutions may still be an option, Pacheco said. But undocumented students face additional barriers without access to federal financial aid or state scholarships.<\/p>\n \nBarring undocumented students could cost the public college system about $15 million in tuition, according to an analysis by the Florida Policy Institute<\/a>.<\/p>\n \nThe blow to Florida’s workforce is also something to consider, said Diego S\u00e1nchez, Vice President of Policy and Strategy at the Presidents’ Alliance on Higher Education and Immigration<\/a>, an organization that advocates on behalf of immigrant students.<\/p>\n \n“Florida is shooting itself in the foot,” said S\u00e1nchez. “The state has educated the students, has benefited from the hard work, and now wants to close the door just as they’re ready to contribute.”<\/p>\n