Each year, roughly 8,000 undocumented students graduate from Florida high schools. In 2026, Florida became the newest state to pass a regulation prohibiting this population from enrolling in state public colleges and selective universities. In June 2026, Florida State Board of Education passed Rule 6A-10.0240, which requires all 28 Florida College System institutions to certify admitted students as citizens of the United States or have lawful presence. In September 2026, a separate state board extended a similar ban to Florida’s most selective public universities.

Throughout the United States, there are three states that have historically upheld similar barring policies: Alabama and South Carolina ban undocumented students from all public colleges and universities, while Georgia bars them only from its most selective public universities. Florida’s restrictions are administrative rules and regulations, not state laws passed by the Legislature. Similar bills died in committee during Florida’s 2026 legislative session.

What do Rule 6A-10.0240 and Regulation 6.001 restrict?

Rule 6A is categorized under the enrollment eligibility requirements for the Florida College System Institutions. The policy details that prior to being granted admission to any Florida College System institutions, students must provide proper documentation or proof of United States citizenship or lawful presence in order to successfully enroll in the institution. The rule applies to the 28 public colleges in the state but does not include public universities or private institutions. Some of the institutions under the Florida College System include Broward College, College of Central Florida, and Daytona State College. The rule does not apply to the 12 public universities in the State University System of Florida, which are overseen by a separate body called the Board of Governors.

However, on September 3, 2026, that Board of Governors voted unanimously to adopt a similar restriction for Florida’s selective universities. The board amended Regulation 6.001, its general admissions policy, so that anyone “present in the United States unlawfully” cannot enroll as a new student, beginning in the 2027-28 academic year.

Regulation 6.001 applies only to universities that did not admit all academically qualified applicants in the two most recent academic years. In other words, it covers selective public universities that turn away some qualified students. Currently, all 12 state universities use selective admissions. Students who are lawfully present, including international students on F-1 and J-1 visas, are not affected.

Together, the college rule and the university regulation mean that undocumented students will be barred from most of Florida’s public higher education system starting in 2027.

What Support are the New Rules Receiving?

Those in support of Rule 6A and Regulation 6.001 argue that taxpayer-funded public institutions should be reserved for students who are U.S. citizens or lawfully present in the country. Governor Ron DeSantis has described the June rule as putting Florida students and residents first. “I would rather have that spot go to a Florida resident,” DeSantis told reporters.

Other proponents of the new rules argue that they are simply formalizing expectations for students that already existed. Governor DeSantis has said that colleges never had a policy allowing students to be in the country without documentation, and that the rule simply requires them to verify status.

Supporters also argue that the state should not use public funds to benefit people living in the country without legal permission. After the Board of Governors vote, Lieutenant Governor Jay Collins called the September university rule “common sense.” He argued that Florida taxpayers should not pay for opportunities for people who entered the country illegally.

Supporters see the changes as the next step in a broader set of state policies. In 2025, DeSantis pushed lawmakers to repeal House Bill 851, the 2014 law that gave certain undocumented students in-state tuition rates. After the repeal, DeSantis described the enrollment ban as a natural follow-up, since the state no longer offered undocumented students tuition breaks.

Opposition to the New Rules

Some of the concerns shared by supporters of Rule 6A and Regulation 6.001 come under the assumption that undocumented immigrants are not taxpayers. However, critics point to data that show Florida raised about $1.8 billion in tax revenue from undocumented immigrants in 2022.

Many opponents also contend that the new rules contradict Florida’s state constitution which states that every child should receive adequate provision for education within the state’s borders. The new bans would affect undocumented students who are dual-enrolled in high school and college. The Florida Policy Institute (FPI) theorized that the state’s trend towards passing more restrictive policies will lead to undocumented students abandoning educational pathways, rendering them “locked out of higher education”.

Additionally, critics argue that the restriction on access to higher education will pose an economic burden to college and university systems. FPI stated that the new ban would lead to a loss of tuition and fees revenue, with an estimated loss of $15 million statewide. Opponents highlight that Florida colleges have struggled with declining enrollment rates and that the new rules will contribute to the declining enrollment.

Critics also argue that the State Board of Education overstepped its authority. Under Florida law, agencies may only adopt rules that carry out powers the Legislature has given them, and current law does not require college students to prove lawful presence. Critics add that the Legislature considered and rejected similar restrictions during its 2026 session.

Finally, critics argue the changes are openly discriminatory, prioritizing exclusion over opportunity. A coalition of immigrant advocacy and legal groups called the college rule “cruel” and urged the state to reconsider.

Future Outlook

Rule 6A-10.0240 and Regulation 6.001 are the latest in a series of restrictions on undocumented students in Florida higher education. Both take effect in the 2027-28 academic year. That gives colleges and universities about a year to build systems for checking students’ immigration status.

The changes have raised several questions about implementation. Rule 6A lets each school set its own verification procedures, and the Legislature’s Joint Administrative Procedures Committee, a bipartisan panel that reviews agency rules, warned that this approach gives each school too much discretion and could lead to different results at different colleges. The State Board of Education also has not clarified whether DACA recipients are covered under rule 6A.

The rules’ long-term future may depend on how these questions are answered. The Florida state legislature, which rejected similar bills in 2026, could write the policies into law, limit them, or leave them in place during its 2027 session.

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Camila Rojas is an undergraduate student at Barnard College of Columbia University.