ORLANDO, Fla. — A ban on undocumented students attending Florida’s 28 public colleges is not a done deal yet.
Channel 9 first told you earlier this week about new eligibility rules which require students applying to Florida’s public colleges to provide proof of citizenship or that they are “lawfully present in the United States” before enrolling.
Now, advocates say they’re preparing to challenge the rules.
Once implemented, Valencia College, Seminole State College, and Daytona State College would have to verify citizenship status.
The State Board of Education says each of the schools’ board of trustees must adopt a procedure for applicants to attest whether they are citizens or lawfully present and then provide documentation to support the claim.
The rule was officially adopted by the Florida Department of Education Tuesday, but challenges could still delay implementation and immigrant right advocates have vowed they are working to fight the changes.
Felipe Souza Lazaballet is currently the Executive Director of the HOPE Community Center, a non-profit based in Apopka dedicated to empowering the immigrant community. He said the rule would have changed his future, as a once undocumented high schooler who attended Miami Dade College, one of the 28 impacted colleges.
Lazaballet is now a U.S. citizen, and he credits Miami Dade College for the career he has today.
“Opportunity means everything,” said Lazaballet, “We are exploring all options to fight back against this.”
He said the Florida Department of Education went beyond the scope of its powers by adopting the rule when a bill that sought to do the same failed in committee this legislative session. He also added the rule could cost colleges millions in lost tuition.
But during a press conference last week, Gov. Ron DeSantis said the rule change was the logical next step after Florida ended in-state tuition for undocumented students.
“If you’re here illegally, you go to a state university, it doesn’t make sense. I would rather have that spot go to a Florida resident,” said DeSantis, “I’m fully supportive of it. I think what they’re doing is the right thing to do.”
Attorney Ingrid Perez with IBP Immigration Law based in Winter Park explained that while the rule has been officially adopted, it could still face an administrative challenge before it takes effect.
State law explains the rule still must now be filed with the Department of State and will take effect 20 days later. However, a challenge before that filing could cause an administrative delay.
“I definitely foresee a legal challenge here,” said Perez.
She pointed to Article 9 of Florida’s constitution which states, “The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders.”
A legal challenge could argue the rule strays from the state’s constitutional duty to educate “all children” residing in Florida.
Perez also believes there could be a federal constitutional challenge under the 14th Amendment’s Equal Protection clause.
“Once the rule is implemented and a person actually tries to apply to a public college and they are denied, we now have a harm,” said Perez, who said a lawsuit first needs that documented harm.
On Friday, Channel 9 asked the State Board of Education to clarify whether the rule also applies to DACA recipients but did not hear back by news time.
There is also uncertainty over whether any students currently enrolled could be impacted.
According to the Higher Ed Immigration Portal, there are about 50,000 undocumented students in Florida pursuing higher education.
Channel 9 received statements from Valencia College and Seminole State College regarding the rule change. You can see their full statements below:
Valencia College:
“Valencia College is currently reviewing the rule approved by the State Board of Education on June 30, 2026, and assessing what changes to the college’s admissions policies may be required as a result. Any such changes would not impact students currently admitted or enrolled, including new students who plan to enroll in Fall 2026.”
Seminole State College:
“As a public state college, Seminole State will review the final rule and implementation guidance provided by the Florida Department of Education to ensure compliance with all applicable state requirements. Our mission remains centered on expanding access to high-quality education, workforce training and student success. Seminole State is committed to meeting students where they are and helping them achieve their educational and career goals. We will continue to provide prospective and current students with timely, accurate information, individualized guidance and support as additional implementation details become available.”
Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
©2026 Cox Media Group
