February 25, 2026

SB 1052 and HB 1279’s Bans Are Harsh, Limiting Higher Education Enrollment and Financial Support for Immigrants

In the 2026 session, the Legislature has introduced two broad education bills — HB 1279 and SB 1052 — with numerous provisions, including removing Title IX gender diversity requirements and limiting higher-education enrollment for immigrants. This blog focuses on the latter, concerning anti-immigrant provisions.

What HB 1279 and SB 1052 Propose

HB 1279 is moving through its committees and would require Florida’s 12 state universities to cap enrollment for immigrants who are not U.S. citizens, or permanent residents from any one country to no more than five percent of all non-resident enrollees.1 Non-residents can include an array of U.S.-based students, not only limited to immigrants. Currently, Florida limits the share of non-residents (whether they are immigrants or not) who can enroll for full-time undergraduate study at its universities to 10 percent.2 However, by targeting non-residents who lack permanent residency (i.e., green cards) or citizenship, HB 1279 would impact a wide array of people — including nonimmigrant visitors, those who are here on work or student visas, refugees and asylum-seekers, immigrants with temporary protected status, and undocumented immigrants.

Furthermore, starting in 2030, any preeminent research university that fails to adhere to this ban will not be able to receive added state funding.3 Among Florida’s 12 public universities, a preeminent research university is one that meets 12 of 13 academic and research standards, and its designation comes with additional funds beyond what other universities receive. For the 2025–26 fiscal year, four of Florida’s 12 universities received preeminence designation and were each granted $10 million from the state’s general revenue fund.

Finally, both HB 1279 and its counterpart, SB 1052, would restrict tuition and financial aid for immigrants.4 This doubles down on 2025’s special session bill, SB 2C, which repealed Florida’s 2014 bipartisan in-state tuition law for DREAMers.

HB 1279’s counterpart, SB 1052, has yet to move this legislative session, but it is not uncommon for one chamber to wait to see what the other’s final language looks like before weighing in. If passed, SB 1052’s higher education ban would be even harsher than HB 1279. While both bills limit higher education enrollment and financial support for immigrants, SB 1052 takes this ban even further; it would block Florida’s 12 state universities and 28 colleges from enrolling any student who is not a U.S. citizen or lawful resident.

FPI already opposed this legislation and warned of its long-term harms to higher education and Florida’s workforce. SB 2C locked young immigrants out of higher education indirectly — by forcing them to pay steep out-of-state tuition rates if they wanted to get a degree. HB 1279 and SB 1052 take this a concerning step forward by limiting the number of immigrants who can enroll in higher education in Florida altogether. Less access to education will only mean less revenue for institutions, fewer graduates, and a dwindling talent pool. That is not what Florida needs.

HB 1279 and SB 1052 Are Part of Larger Anti-Immigrant Policymaking in Florida

In recent years, the Legislature has passed myriad bills targeting immigrants. This session is no exception, with numerous other anti-immigrant bills moving through the Legislature. These include “Commercial Motor Vehicles Operated by Unauthorized Aliens” — SB 86 and HB 1247; “Employment Eligibility” — HB 197, SB 1542, and SB 1278; “Habitual Traffic Offender Designation” — HB 35 and SB 1370; and “Unauthorized Aliens” — HB 1307 and SB 1380 .

Meanwhile, numerous 2026 bills to include immigrants and minimize harm have yet to receive hearings. These include “Fee Waivers” — HB 1273 and SB 882; “Immigration, Law Enforcement, and State-issued Identification” — HB 315 and SB 328; “Law Enforcement and Immigration Officer Identifying Information and Facial Coverings” — SB 316 and HB 419; and State Immigration Enforcement Action Database — SB 708.

Florida needs more graduates and a better-prepared, better-paid workforce. International students, regardless of immigration status, have long helped us meet higher education goals, including its 2019 SAIL to 60 initiative to increase the share of trained and educated working Floridians.

HB 1279 and SB 1052 would only set Florida back, and the Legislature should reject them.

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Notes

1 HB 1279 (2026), lines 244-251

2 See footnote 12 of House staff’s bill analysis for PCS for HB 1279, January 28, 2026, https://www.flhouse.gov/Sections/Documents/loaddoc.aspx?MeetingId=15061&PublicationType=Committees&DocumentType=Meeting%20Packets. This is an average of 10 percent across universities; some individual universities have higher rates of nonresidents than others.

3 HB 1279 (2026), lines 168-173

4 HB 1279, lines 616-617; SB 1052 (2026), lines 612-613

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