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Key Takeaways
- The Florida Department of Education is proposing a rule that requires community college applicants to provide proof of U.S. citizenship or lawful immigration status, which immigrant advocacy groups argue will exclude undocumented students from higher education.
- The rule aims to ensure that only eligible residents qualify for state educational benefits, reinforcing existing laws that deny undocumented students access to in-state tuition and state subsidies.
- Advocates from groups like the Florida Immigrant Coalition argue that the proposal would harm both students and the economy, as it may discourage enrollment and negatively impact colleges financially.
The Florida Department of Education is proposing a rule that would require state school applicants to prove U.S. citizenship or lawful immigration status for admission.
Immigrant advocacy groups argue that the rule would bar access to higher education for illegal immigrant students.
The proposal, which advanced through the Florida Department of Education, would require applicants at the state’s 28 public colleges to provide “clear and convincing documentation.”
The rule is aimed at ensuring only citizens or lawfully present residents qualify for certain state-backed educational benefits.
Cassie Edwards, director of communications at Florida Department of Education, told The College Fix that state law already bars undocumented students “from receiving an out-of-state waiver.”
Edwards affirmed that “The Florida Department of Education is committed to ensuring that those receiving tax-funded educational benefits are lawfully present.”
The practical effect of the new rule is to reinforce that undocumented students are not eligible for state subsidies or in-state tuition benefits.
The Florida Immigrant Coalition, a statewide immigrant advocacy organization that works to advance “immigrant rights,” argues the proposal would wrongfully prevent illegal immigrant students from earning their degree.
Thomas Kennedy, a policy consultant at FLIC, told The Fix, “The argument that these immigrant students are taking the spot of a U.S. citizen is also without merit.”
Kennedy pointed to an executive summary on Florida college enrollment, emphasizing that state officials know enrollment is still 11 percent below pre-pandemic levels, representing about 36,000 fewer students.
“Denying thousands more students the opportunity to enroll at all is both cruel to the students, harmful to the institution who benefit from the revenue generated by their enrollment, and destructive to Florida’s economy, which needs more workers,” he said.
In a Florida Policy Institute news release, FLIC, American Friends Service Committee Florida, and Florida Student Power jointly expressed their concerns about the rule.
“The proposed rule (6A-10.0240) would drastically transform Florida’s 28 public colleges into immigration enforcement gatekeepers, requiring sensitive documentation from students and potentially exposing institutions to legal and financial risks,” said Renata Bozzetto, deputy director of Florida Immigrant Coalition.
“Our higher education system thrives when opportunities for enrollment are created and students are encouraged to pursue higher education, but this rule seeks to do exactly the opposite…” she said.
Bozzetto also accused the Florida government of “using a backdoor procedure to implement its wicked agenda and to prevent thousands of Florida students from accessing higher education.”
Norín Dollard, senior policy analyst at the FPI, said the proposed rules “appear to be unconstitutional.”
“It is not within the purview of the executive agencies, such as the Florida Department of Education, to legislate,” she said
The new education rule follows a broader crackdown on immigration policy under Gov. Ron DeSantis.
In recent years, Florida has eliminated in-state tuition eligibility for illegal immigrant students, reversing a 2014 bipartisan law. During the 2026 legislative session, two bills that would have restored or expanded such eligibility failed to advance, dying in committee.
The new rule appears to be an administrative attempt to advance similar policy goals. The State Board of Education is scheduled to review the proposal further during a meeting on June 30.
Twenty-one states currently offer access to in-state tuition for illegal immigrant students, according to the Higher ED Immigration Portal.
A federal judge recently ended in-state tuition for Nebraska’s illegal immigrants, The College Fix reported.
District Court Judge Brian Buescher ruled that the policy violates federal law, which forbids states from offering better tuition rates to illegal immigrants than it does to American citizens.
