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The Florida Department of Education published yesterday a proposal for an administrative rule that would prohibit undocumented students from enrolling in the 28 public colleges of the state system, including Miami Dade College and Broward College.
The measure, identified as rule 6A-10.0240, is scheduled for a public hearing on May 14 at the Miami Dade College campus.
If approved, the regulation would require the boards of trustees of each institution to verify that every admitted student is a U.S. citizen or is legally present in the country.
Applicants should submit documentation "clear and convincing" —defined as "credible, accurate, and compelling"— before being approved for enrollment.
The proposal would also explicitly allow schools to consider the disciplinary history of applicants when evaluating admissions, broadening the criteria beyond academic performance.
Important: the rule would not apply to the 12 public state universities, such as the University of Florida or Florida International University, which are governed by a separate board.
Failed legislative attempts
The initiative comes after a series of unsuccessful legislative attempts during the 2026 session. Three different bills aimed to prohibit the enrollment of undocumented students, but none advanced.
Senator Erin Grall, a Republican from Vero Beach, introduced the SB 1052 bill to prohibit access to public institutions of higher education for those without legal immigration status, but it did not receive a single committee hearing.
Additionally, Representative Jennifer Kincart-Johnson, a Republican from Lakeland, sponsored a bill that at one point included a cap of 5% on admissions for non-resident undergraduate students, a provision that the Senate removed before the measure reached the governor.
A third bill, introduced by Representative Berny Jacques, a Republican from Seminole, aimed to limit the enrollment of foreign citizens and non-permanent residents, but it never made it to the House floor.
In light of those legislative failures, the Department of Education chose the administrative route, which does not require approval from the legislature.
An escalation of already existing restrictions
This proposal represents an escalation of the existing restrictions.
The governor Ron DeSantis signed the SB 2C law in February 2025, which eliminated in-state tuition for undocumented students —including beneficiaries of the DACA program— at all public colleges, universities, and career centers in the state, effective July 1, 2025.
That law reversed a 2014 policy that allowed undocumented high school graduates in Florida to access resident tuition rates.
According to data from the Miami Herald, the removal of that exemption affected approximately 6,500 students, whose tuition increased by up to 300%, causing some to drop out of their studies.
The new administrative proposal goes a step further: it's no longer just about how much they pay, but whether they can enroll at all. The Department of Education did not respond to requests for comment on the measure.
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