Those seeking an education through a Florida state college or the GED program will be required to prove citizenship or that they are “lawfully present.”
That’s according to new rules passed Tuesday by the Florida State Board of Education. The new rules apply to Florida's public state colleges and the adult education program. Both rules were received favorably by a majority of board members, with member Daniel Fagonholi being the only one to vote “no.”
One rule -- “minimum standards for admission to Florida College System Institutions” -- requires applicants attest they are citizens, or lawfully present, and provide documentation prior to enrolling into a college.
The rule requires Florida’s 28 public colleges to include the procedure in applications. It does not affect Florida’s 12 public universities.
Similarly, the second rule, “general requirements for the Adult General Education Program,” requires that adult education providers establish written policies to verify students are U.S. citizens or lawfully present.
Nearly 40 people spoke before the passage of the rules during Tuesday’s board meeting, and all the public testimony was in opposition.
Among the speakers was State Rep. Anna Eskamani, D-Orlando.
“The attempt to restrict a child's access to higher education based on the documentation status that is no fault of their own is un-American, it's unfaithful, and it absolutely is also constitutionally concerning, because obviously the Florida Legislature did not pass legislation on this matter,” Eskamani said.
After the board passed the rules, Eskamani released a statement questioning the board’s power to enforce the changes.
“These rules contradict the Legislature’s intent and exceed the Department’s rulemaking authority by adding immigration-status requirements not found in the governing statutes,” she said.
A similar bill was filed during the previous legislative session, but did not make it through.
State Sen. Carlos Guillermo Smith, D-Orlando, was present for public comment. He is a member of the legislature's Joint Administrative Procedures Committee. He said the committee sent the board a letter asking for an explainer on how the changes comply with the Florida Educational Equity Act, which prohibits discrimination based on national origin and other protected categories.
“You didn't respond because it doesn't comply,” he said. “Our constitution also requires you to provide for the education of all children within our borders, which makes what you are doing unconstitutional for those duly enrolled minors in the Florida college system classes.”
Others in opposition expressed concerns about the phrase “lawfully present” and whether these changes would affect students in the Deferred Action for Childhood Arrivals, or DACA, program.
Central Florida Public Media asked the State Board of Education if the rules would affect DACA recipients. It did not respond.
The board’s action came as a great concern to Shakhea Hinton, Director of Development and Communications at Hope CommUNITY Center – a nonprofit organization serving Central Florida’s immigrant population.
“We know these students. They are scholars, leaders, and future changemakers. They are working hard in our schools, contributing to our communities, and dreaming of brighter futures,” Hinton said. “Blocking undocumented students from attending college, or stripping high school students of opportunities like dual enrollment, sends a dangerous message that some young people are less deserving of opportunity simply because of their immigration status.”
In a press conference last week, Gov. Ron DeSantis expressed his support for the board preparing to vote on the rules.
"I think what they're doing is the right thing to do, and I think it's putting the floor, the students in Florida who are growing up here, going to our schools, Florida residents, it's putting them first, and that's what we need," he said. "They are going to be doing these checks, and they never had a policy that said you could be here illegally, per se. They just, they never asked the question..."
Next, the rules are to be filed with the Florida Department of State. Should they be filed without challenge or delay, they would go into effect 20 days after filing.
