Florida’s Bill Targeting Undocumented Students: A Legal Analysis

Florida’s Bill Targeting Undocumented Students: A Legal Analysis

Florida made an introduction of a bill to legislation that seeks to restrict access to higher education for undocumented students. Florida Senator Randy Fine is the individual who is spearheading this bill and is bringing traction.  While pending, this bill raises significant legal and ethical questions. Here at KAASS LAW, we explore its potential legal challenges and discuss its broader implications for education and immigration policy.  Historically, this country’s backbone is from hardworking immigrants who have achieved great wonders for this nation. However, modern policies are shifting their attitude and having issues with immigrants attempting to pass the border unlawfully. Upon speculation, the aim of the bill is to prevent undocumented students from enrolling. The following is our legal analysis that will interpret this open bill and its potential implications.

Our goal is to express any potential benefits or dangers of this bill and not take sides in the matter. We encourage our readers to keep an open mind. 

Key Points of Interpretation

One of many things they might enact is to make stricter residency. This will require students to prove legal residency status within the state for a defined period. Sometimes, it would take a year or more to qualify for in-state tuition or enrollment. This may directly impact undocumented students who lack legal residency status. Another matter they may enact is verifying legal status. The bill may mandate that colleges and universities actively verify the legal immigration status of all enrolling students. This creates challenges for undocumented students who cannot provide the required documentation. Lastly, another potential issue is a disparity in tuition. The bill could potentially mandate out-of-state tuition rates for undocumented students, making higher education prohibitively expensive for many. This essentially creates a financial barrier to access.

Potential Legal Challenges:

Several legal arguments could be raised against the constitutionality of such a bill:

Equal Protection Clause of the Fourteenth Amendment

 The Equal Protection Clause guarantees that all persons within a state’s jurisdiction shall receive equal protection under the laws. Restricting access to higher education based on immigration status could likely be a violation of this clause. 

Federal Preemption

Immigration is primarily a federal responsibility. Arguments can be made that a state law that effectively creates its own immigration policy by restricting access to education is preempted by federal law. The Supreme Court has consistently affirmed the federal government’s broad authority over immigration matters.

The Plyler v. Doe:

The Plyler v. Doe Supreme Court case is central to this discussion. The Court held that a Texas statute denying state funding for the education of undocumented children violated the Equal Protection Clause. The Court reasoned that denying education to these children would create a permanent underclass, harming not only the children themselves but also the nation as a whole. While Plyler specifically addressed K-12 education, its principles of equal protection and the importance of education are relevant to the debate surrounding higher education access for undocumented students.

The Dream Act and DACA

It is important to distinguish this proposed legislation from the federal Dream Act and the Deferred Action for Childhood Arrivals (DACA) program. The Dream Act, if passed, would provide a pathway to citizenship for certain undocumented immigrants who came to the U.S. as children. DACA provides temporary protection from deportation and work authorization for eligible undocumented immigrants. Lastly, while these federal initiatives address certain aspects of immigration status, they do not directly guarantee access to higher education in all states.

Economic and Social Implications:

Beyond the legal arguments, there are significant economic and social implications to consider:

• Economic Impact: Denying undocumented students access to higher education could negatively impact the state’s economy. These students, if given proper chance,  could contribute to the workforce, pay taxes, and boost the economy.
• Social Impact: Creating barriers to education for a specific group of students can have detrimental social consequences. This can potentially lead to increased inequality and social stratification.
• Impact on Undocumented Students: The bill may have a major  impact on undocumented students who have worked to pursue their education. It could limit their opportunities for advancement and contribute to feelings of being left out or exclusion.

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The Florida bill raises serious legal and ethical concerns, but additionally, it is also likely to face challenges in the near future in terms of significant economic and social impact. As a result, this will create a debate surrounding this legislation highlights the ongoing tension between state and federal authorities on immigration matters. As this bill progresses through the legislative process, it is essential to closely monitor its development and understand its potential impact on the lives of countless students. Here at KAASS LAW, we are familiar with Immigration Law and know the steps for the adjustment of immigration status.

If you are looking for legal assistance and or representation, contact us today!