Lawsuit challenges tuition charges to Caribbean immigrant children

MIAMI, CMC – Attorneys here have filed a federal suit arguing that scores of American students who were born in the United States as children of undocumented Caribbean and other immigrants are being wrongly denied the right to pay in-state tuition at Florida’s colleges and universities.



The lawsuit, filed by the Southern Poverty Law Centre, states that the policy is not something that was ever outlined in Florida law, but was instead adopted administratively by the Florida Department of Education and the Board of Governors that supervises state universities.



The lawsuit describes the policy as a clear violation of the equal-protection clause of the US Constitution.



“Being classified as a non-resident more than triples the cost of tuition. As a result, many talented American students must either forego higher education or incur extraordinary costs,” according to the lawsuit.



It was unclear how many other states have similar tuition rules, though at least two other states —California and Colorado — have rescinded those policies in recent years.



Colorado’s attorney general, in reversing the policy, found that in-state tuition is technically a benefit for the student — not their undocumented parents.



The suit names several South Florida students as plaintiffs, including Noel Saucedo, who had a full-tuition scholarship at Miami Dade College reduced to almost nothing after he could not prove his parents were here legally.



Saucedo now attends school part-time because he cannot afford out-of-state tuition rates, the suit says.



Other students, faced with the higher tuition rates, dropped out of school, the Southern Poverty Law Center said.



Southern Poverty Law Center attorneys could not provide an exact number of Florida students being affected, but they estimated that it may be in the thousands.



At community colleges, including Miami Dade, the in-state tuition cost of a full semester is roughly US$1,200, while the out-of-state cost is about US$4,500.



At Florida International University, paying out-of-state tuition over the duration of a four-year degree adds about US$50,000 to the total bill.



Representative Reggie Fullwood, a Jacksonville, Florida, Democratic state lawmaker has filed a bill that would grant in-state tuition to students whose parents are undocumented immigrants.



The lawsuit and the proposed legislation have focused attention on a little-known issue in Florida, where immigration activists have long concentrated on passage of a federal Dream Act.



The proposed Dream Act has languished in the US Congress for years. It would legalize certain undocumented immigrants who have been accepted into college or the military.



The Dream Act remains a hot-button political issue. Advocates for a stricter, hard-line immigration policy say passage would reward those who entered the country illegally.



At a recent Republican presidential primary debate, Texas Governor Rick Perry got hammered for his support of a state law that allowed undocumented immigrants to qualify for in-state tuition.



Michael A. Olivas, who teaches immigration and higher education law at the University of Houston, said he was “astounded” by Florida’s actions.



“There’s no asterisk on citizenship,” Olivas said, adding “either you are or you are not.”