Florida may join states banning illegal immigrants from attending public colleges

Florida’s Department of Education may pass a rule barring illegal immigrants from enrolling in state colleges.

The proposed rule, which will receive a public hearing May 14, would prohibit students from being admitted to one of Florida’s 28 public colleges without first proving U.S. citizenship or legal residency.

Currently, federal law does not guarantee illegal immigrants the right to enroll in taxpayer-funded universities.

A Supreme Court ruling in 1982 granted access to K-12 public education but did not address higher education.

Under federal law, illegal immigrants can’t receive any form of federal student aid. However, they can receive institutional aid and also state aid, depending on state policy.

If Florida’s proposed rule is implemented, it would become the fourth state – alongside Georgia, Alabama and South Carolina – to ban or restrict undocumented students at public colleges.

The Sunshine State also tightened its rules last year when lawmakers eliminated the practice of giving in-state tuition rates to illegal immigrants.

“I don’t think you should be admitted to college in Florida if you’re here illegally,” Gov. Ron DeSantis said at the time. “But to give in-state tuition was just a slap in the face to taxpayers.”

The Trump administration has also taken legal action against several states – including Illinois and Virginia – for giving illegal immigrants discounted tuition rates unavailable to some citizens.

“Under federal law, schools cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Attorney General Pam Bondi said, referring to out-of-state residents who do not qualify for discounted tuition in Illinois.

Supporters of allowing illegal immigrants to enroll argue such students still contribute by paying tuition and that higher education helps them become productive members of society.

However, opponents say public universities should prioritize limited resources for U.S. citizens and legal residents and that enrolling illegal immigrants could incentivize more illegal immigration.