The Board of Governors, which oversees the state's public universities, voted on Thursday to move forward with an amendment that would bar undocumented students from the state's more competitive universities.
The amendment reads, in full: "Beginning with the 2027-28 academic year, a person who is not lawfully present in the United States shall not be eligible for initial enrollment in any state university which, for the two most recent academic years, did not admit all academically qualified applicants, except for cases in which applicants were rejected for nonacademic reasons."
That could include schools such as the University of South Florida, University of Florida and others, that outline a selective admissions process.
Emily Sikes, the Vice chancellor for Academic and Student Affairs, clarified during Thursday's meeting that currently enrolled students would not be affected.
Sikes added that the university system does not have a specific code attached to current students who may be in the U.S. unlawfully.
ALSO READ: These Florida 'Dreamers' say they're scrambling as a tuition hike could put college out of reach
When BOG member Ashley Bell Barnett asked how the university system defines "not lawfully present," BOG leaders deferred to the federal government.
"Lawful presence is as determined by the federal government, so we have some resources that will be able to work with universities based on their guidance," said a member of the general counsel.
The push to restrict admissions for undocumented students at the university level comes just before the Department of Education is set to vote on barring undocumented students from public colleges and GED programs next week.
The moves would severely restrict access to higher education in Florida.
Last year, the state eliminated in-state tuition for undocumented students in public colleges and universities, including for Dreamers protected from deportation under the DACA program.
Before the law change, students, regardless of immigration status, could attend public higher education institutions at the in-state tuition rate, as long as they proved they were residents of Florida.
ALSO READ: Immigrant advocates slam Florida's plan to bar undocumented students from colleges
Students, who had lived in the state their whole lives, suddenly saw their tuitions triple, as a result.
About 8,000 undocumented students graduate from Florida high schools each year, according to the Higher Ed Immigration Portal.
About 49,000 undocumented students are enrolled in higher ed institutions in Florida.
Norin Dollard from the Florida Policy Institute (FPI) said the public university system and college system could be overstepping by creating the new policies, since there isn't a state statute in place.
Dollard cited Florida law that says "an agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute."
In the 2026 legislative session, lawmakers had tried to pass bills that would limit non-residents – including undocumented immigrants and other immigrants without permanent residency – in public universities. Those provisions did not pass.
"The board of governors seems to be contradicting the legislative intent with this proposed regulation," said Alexis Tsoukalas, FPI's sate policy analyst.
Tsoukalas said many questions remain about the university amendment, including how the university system will determine which schools undocumented students would be barred from.
