A showdown is brewing over a set of proposed Florida Department of Education rules that would block undocumented immigrants from enrolling in state colleges and Adult General Education programs. Originally slated for a mid-May vote, the Florida Board of Education has pushed the decision to June 30 following intense pushback from advocacy groups and state lawmakers alike.
The controversy centers on proposed rules 6A-6.014 and 6A-10.0240. The Joint Administrative Procedures Committee (JAPC), a bipartisan legislative oversight panel tasked with ensuring executive agencies do not overstep their boundaries, recently issued a sharp warning. According to JAPC, the proposals “appear to vest providers with unbridled discretion in making the citizenship determination.” The committee formally requested a written response from the education department in mid-May, noting its core duty is to ensure agencies stay within the authority specifically delegated by the legislature.
The policy shift comes just months after the Florida Legislature actively rejected similar restrictions. During the 2026 regular session, the House passed HB 1279 with language aimed at limiting undocumented students in higher education. However, the Senate stripped those provisions entirely before sending the final bill to Governor Ron DeSantis, who signed it into law without the restrictions.
Advocacy groups argue the agency is trying to bypass the legislative process. The Florida Policy Institute stated the rules defy both legislative and gubernatorial intent, arguing they violate Article IX, Section 1(a) of the Florida Constitution, which mandates the education of all children residing within state borders.
“The proposed rules, which appear to be unconstitutional, would prevent access to Adult General Education and Florida colleges for undocumented students, which harms those students, the programs and colleges, and the economy overall,” said Norín Dollard, senior policy analyst at the Florida Policy Institute. “The letters concerning these rules from the Joint Administrative Procedures Committee suggested that the Florida Department of Education is exceeding its jurisdiction as an executive agency.”
Immigrant rights and student organizations have expressed deep concern over the practical impact on campuses. Critics argue the mandates would force academic institutions to function as federal immigration officers.
“The proposed rule 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 the Florida Immigrant Coalition. Bozzetto added that requiring all applicants to prove legal presence while granting schools broad discretion to deny entry based on vague misconduct criteria is highly problematic, calling it an attempt to use a backdoor procedure to implement a previously rejected policy.
Other community leaders emphasized the broader threat to educational access and economic growth.
“After students and allies fought hard to defeat efforts to ban undocumented students this legislative session, the Florida Department of Education’s proposed rule is an attack on our democracy,” said Laura Munoz, Political Director at Florida Student Power. “Floridians want educational opportunities and workforce to expand, not further contract.”
The rules would also impact basic adult literacy and high school equivalency tracks. Representatives from the American Friends Service Committee Florida argued that academic merit, not immigration paperwork, should dictate access.
“A student’s immigration status should not be the determining factor in their college application; rather, it should be their ability to meet or exceed academic standards,” said Yareliz Mendez-Zamora, Policy Coordinator for the organization. “Every young Floridian deserves a seamless transition from high school to college, and those who want to earn their GEDs should have every possibility to do so.”
The Florida Department of Education has not yet voted on the rules, leaving the future of thousands of current and prospective students hanging on the upcoming June 30 board meeting.
READ: Feds Sue UCLA: Alleged Failure To Protect Jewish And Israeli Students Leads To Civil Rights Lawsuit
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