Students will need to prove their lawful status in order to enroll in the state's public college system or adult education programs.
The Florida State Board of Education last week, with all but one board member, Daniel Foghanoli, voting for the amendments.
It's unclear whether the new requirements will apply to current students or only to new applicants.
The 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 鈥� all of whom are authorized to live and work in the U.S. as long as the programs are in place.
WUSF reached out to the BOE, but has not received a response yet.
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The 12-member public university system, which is separate from the state's 28-college system, is as well.
Nearly 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.
Sen. Carlos Guillermo Smith, D-Orlando, is a member of the Joint Administrative Procedures Committee, which penned questioning the legality of their move.
The tasked with making sure agencies stay within the bounds of their rule-making authority.
"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.
The letter also claims the rules violate that prohibits discrimination against students in the K-20 public education system based on national origin.
"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."
During the 2026 legislative session, lawmakers failed to pass undocumented students from public universities and colleges.
Smith, along with other critics, have accused the Board of trying to circumvent the legislature as a result.
"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."
Smith said it's ultimately up to the JAPC, which has a Republican majority, to take action against the board.
Last 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.
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In order to afford continuing their education, some reduced the number of classes they took in a semester, .
Gaby Pacheco is president and CEO of , a college access group for immigrant students.
She said the group helped hundreds of students transition to online programs or private institutions where they could receive scholarships after the tuition hike.
Pacheco said the new restrictions at the college level 鈥� and the university level if that proposal is implemented 鈥� would essentially slam the door on higher ed for these students.
It 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 .
"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."
Private institutions may still be an option, Pacheco said. But undocumented students face additional barriers without access to federal financial aid or state scholarships.
Barring undocumented students could cost the public college system about $15 million in tuition, according to an .
The blow to Florida's workforce is also something to consider, said Diego S谩nchez, Vice President of Policy and Strategy at the , an organization that advocates on behalf of immigrant students.
"Florida is shooting itself in the foot," said S谩nchez. "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."
About 8,000 undocumented students graduate from Florida high schools each year, according to the .
About 49,000 undocumented students are enrolled in higher ed institutions in Florida.
"These are students that are already part of Florida's communities. They went to our high schools, they attended prior schools, and they're part of families that are paying taxes," said S谩nchez.
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