The proposed change would allow students who were enrolled in one of Florida's 28 public state colleges before spring 2027 to transfer into a public university, even if they are present in the country without legal status. The September rule made anyone "present in the United States unlawfully" ineligible for enrollment beginning in the 2027-2028 academic year.

The reversal is driven in part by a conflict with existing state law. Florida's Statewide Articulation Agreement, known as the 2+2 program, guarantees students who earn a 60-credit associate degree at a state college admission to a public university. The September ban left undocumented graduates of those colleges in legal limbo, unable to use a transfer pathway the state promises to all graduates.

When the board approved the original rule, Republican leaders praised it. Lt. Gov. Jay Collins called it "common sense" and said, "Florida's public universities are for students who are here legally. Period. Florida taxpayers should not be expected to subsidize opportunities for people who broke our laws to come here." Education Commissioner Henry Mack, who leads the Florida Department of Education, posted on X that he was proud to support the decision, writing, "Taxpayers built these campuses. They are not a prize for unlawful presence."

The Board of Education has also passed rules this year blocking undocumented students from postsecondary career and technical education programs.

During the 2026 legislative session, several attempts to bar undocumented students from higher education failed to advance. A bill by Sen. Erin Grall, R-Vero Beach, that would have prohibited all higher education institutions from admitting non-citizens without legal status was never heard in committee. A measure by Rep. Berny Jacques, R-Seminole, that would have limited enrollment of foreign nationals who are not permanent U.S. residents received one hearing and never reached the House floor.

Former Rep. Anna Eskamani, D-Orlando, told the News Service of Florida she was pleased the board is reconsidering and adding an exemption for state college graduates. "We stressed many times as members of the Legislature that this was never direction that came from our body, and that the Board of Governors and the Board of Education were operating way beyond their jurisdiction in crafting new policy that was targeting immigrant students," she said. "It does not surprise me that they are creating this carve out because it ignored state law."

Eskamani, who is running for Orlando mayor in 2027, said she hopes Governor-elect Byron Donalds will direct the board to repeal the rule entirely. "Ultimately, both the BOG and the Board of Education should repeal the new rules completely and allow all students, regardless of their origin story, to attend a public university or college that they've been accepted to attend," she said.

The board's decision Friday will determine whether thousands of students who followed the state's own transfer pathway can continue their education at a public university or are shut out when the broader ban takes effect in the 2027-2028 academic year.