Florida Students Born To Undocumented Immigrants Sue For In-State Tuition

College students in Florida who were born in America to undocumented immigrants say they're getting financially shafted by the state.

A class-action lawsuit filed by the Southern Poverty Law Center on behalf of the students, claims that these students are unfairly forced to pay out-of-state tuition, because their parents are undocumented. The suit notes that these students are U.S. Citizens.

"These policies attack our most fundamental American values by punishing children for the actions of their parents,” Jerri Katzerman, director of educational advocacy for the SPLC said in a news release. “It's an unconscionable attack on students from immigrant families that more than triples the cost of a college education."

The lawsuit alleges that policies of the Florida State Board of Education and the Florida Board of Governors treat students who are residents of Florida as non-residents because the students’ parents are undocumented.

The price difference is significant. The SPLC notes that the cost per term in the four-year bachelor’s degree programs at Miami Dade College is $1,400 for residents and $6,246 for non-residents.

"I can't afford that. So that's why I was like, I need to speak up, because I can't pay for this amount on money, you know?" 19-year-old sophomore Wendy Ruiz tells NPR. "And I should be in-state, not out-of-state."

Ruiz is one of the lead plaintiffs in the lawsuit.

The Miami Herald reports that a Jacksonville state lawmaker has introduced a bill that would grant in-state tuition to Americans born to undocumented immigrants. The paper reached out to officials at the Florida Department of Education and the Board of Governors, but they declined comment, because the litigation is pending.

CORRECTION:A previous headline misstated the group represented in the lawsuit. The action involves Florida students who were born in America to undocumented immigrants. The students are American citizens.

Comments

[NYLSBlog]

04:12 PM on 11/27/2011

New York Law School's blog "Legal as She is Spoke" published this story that analyzes the merits of their claim. Take a look:

http://www.lasisblog.com/2011/11/22/i-heart-the-14th-amendment/

If you like our piece, please "like" us on Facebook!

[massjim]

08:01 PM on 11/16/2011

I don't like illegal immigrations, but I agree with these kids. I don't see why if they are U.S. citizens they shouldn't get in state tuition.

[coolman60046]

07:02 PM on 11/06/2011

This attemp at a law suit against the cost of her education is stupid and should be thrown out of court when its presented. The high cost of a college education is caused by all the illegals burden on taxpayers.

[Maggie K]

02:46 AM on 11/07/2011

Wrong.

[theydidntforget]

06:03 PM on 11/05/2011

Oh my. These students are lucky there even allowed to live in the usa or go to our colleges. I would have it so if your parents come here illegally then the children go back also.

[haddonfineart]

11:14 PM on 11/06/2011

I was told by my Congressman if children come of age and try to apply for their illegal parents to stay here because children are legal the parents go back to their respected countries, and can not come back..... About time but I'm like you, think the children born to an illegal they should be considered illegal. Most Illegal females come here pregnant to try to stay because of their legal children. In New Jersey I do not know how many hospitals have closed because of bankruptcy, you figure the amount of females X times three children in 3 1/2 years. Someone is paying for it.

[jgleveq]

06:27 PM on 11/04/2011

All this mess happens because of "WASHINGTON"! Don't complain: we send them there to represent us and "speak" for us! So, Shame on us to keep sending them "up" tthere...

[mira chancleta]

08:41 PM on 11/05/2011

well said!!!

[jgleveq]

04:13 PM on 11/04/2011

To call illegal-alliens, "undocumented immigrants" is a political twist, and a stunt as false a reality, as a 3$ bill! There is no such a thing as a self-appointed "immigrant" status! You become an "immigrant" only after you have gone through the legal process of applying, accepted, and given an "Resident-Allien" status that allows you to work and live in the US. Period! Here, we're talking about "IILLEGAL MIGRANTS", TRESSPASSORS OR "ILLEGAL ALLIENS" who are here in the country illegally , which is a felony! Birds "migrate": they don't "immigrate"...
Has anyone ever asked a politician: "Ain't the U.S. supposed to be a country of Law-And-Order"? Typical answer: "I PLAN to introduce a bill next year to make it so!" LOL...Ya... laugh man, laugh! That's the stae of the Union...

[mira chancleta]

08:42 PM on 11/05/2011

even more well said!!!

[jgleveq]

01:35 PM on 11/04/2011

Bottom Line? America is not the country of "law and order" they have been advertising! It's a political slogan of make-believe as usual.20 million illegal "migrants" ( THEY ARE NOT "IMMIGRANTS"!), that are draining every state's economic system,in the country, and yet the Feds are suing states that try to enforce immigration laws that they (the Feds) are not enforcing! I All this for political benefits and "votes', legal and illegal to the detriment of the country as a whole! The problem? we keep putting and voting these same Hoodlums back in office: the guilt is on us VOTERS too!

[mira chancleta]

08:44 PM on 11/05/2011

even better well said!!!
P.S. we get the mediocrity, dishonesty and duplicity that we accept.
The US will never recover from this 30 MILLION plus "illegal immigration"
My next place I will "immigrate to"?
The moon I think.

[jgleveq]

03:42 PM on 11/06/2011

That would be a "grand stand" from where to watch the world go bust! Room for one more, mira ?

[harriettubman]

11:04 AM on 11/04/2011

The audacity!!!! Let me see if Japan or Germany would allow this nonsense.

[mira chancleta]

08:52 PM on 11/05/2011

Japan has a long history of denying "citizenship" to anyone and not until too long ago that included Japanese-descended people from places like USA, Peru, Brazil.

Germany sadly had a "migrant worker" program that exploded in their face when many of the "workers" (from Turkey) married stupid German women, impregnated them, then refused to leave their "family" when their work period had ended. To make matters worse, many of them were HOSTILE muslims whose off-spring fill the police blotters today. The sins of the parents???

The US has NOT even begun to feel the impact of this "illegal immigration".
Fast forward 50years and check back for that nightmare.

I'm heading to Nova Scotia next and running for political office.
Think of the TRUE stories I can tell them.

[SweetCaroline19]

01:36 AM on 11/04/2011

hey Wendy and all the other ones who should be illegal guess what

im in college and i cant afford it either, but unlike you my parents are legal, they pay taxes and my mom gave birth to me LEGALLY in America.. notice my key words here

what gives you the right to demand this country tuition. even if you got it you still couldnt pay it, your illegal alien parents would claim welfare as usual and you'd get a full ride on financial aid. we all know everyone comes here for a free education because they are the "special ones" of being from another country (which you are supposed to be, but your parents know the ropes around this place) yet they all go back to their own country after school, and american college kids get shafted for being american.

[Yam716]

12:09 PM on 11/04/2011

You tell em sweets!

[Don Behnke]

09:43 PM on 11/03/2011

How in the world do these children of illegals become U.S. citizens? This just does not make sense, like back up the truck,man....something is very backwards. Why don't these children help their parents become U.S. citizens maybe because these parents don't want to be ummmm...this is just draining on our society. This should not be so complicated---

[antrich4000]

12:29 AM on 11/04/2011

the 14th amendment read it. if born on US soil, one is a citizen, usually, regardless of the parent legal status. so this matter is about charging these children, US citizens, a higher fee to attend college.

[Yam716]

12:09 PM on 11/04/2011

Someone needs to clear this up. I too thought that all you had to do was be born on US soil...but I read elsewhere that you had to be born here and both your parents had to be legal citizens...To me this would be a better policy.

[babyears]

08:33 AM on 11/06/2011

They may be US citizens, but they are NOT legal residents of Florida

[school first]

12:44 AM on 11/04/2011

Don Behnke,

Loved your post. So...............true, instead of complaining these young people - why not get their parents to study for the citizenship? Well, we all know the reason for this - because they don't wish to. It is one of the easiest tests to take. Have you every talked to a latino person? They will tell you (though their child who is interpreting for them) that they have been here for 20 years or more, yet can only say a sentence or two in English - ARE YOU KIDDING ME? RIGHT THERE IS THE PROBLEM! ! IT SHOULD BE MANDATORY FOR ANYONE COMMING INTO USA TO LEARN TO SPEAK ENGLISH AS MOST OF US WOULD DO IF IT WERE REVERSE.

Good post!!

[damomb01]

07:34 PM on 11/03/2011

Hey kids...wake up, and start blaming your parents, NOT the state! It's not the state's fault that your parents broke the law. It is unfortunate that you are ultimately paying the price (literally), but you need to go after who is REALLY to blame here, or go back to your own country to be educated.

[school first]

12:45 AM on 11/04/2011

damomb01,

LOVED YOUR POST!!!!

[SweetCaroline19]

01:37 AM on 11/04/2011

i love this beyond belief it is too true

[hjo4]

06:59 PM on 11/03/2011

The students should emancipate themselves, then they would be eligible for in State Tuition as American citizens, only their income would matter,not their illegal alien parents. Tuition Aid is based on the parents income, if the parents are illegal aliens then they cannot prove their income and if they paid taxes that's why the parents immigration status matters. Illegal aliens want it all, they want to violate our laws and benefit,along with their children from all America has to offer her citizens. That is wrong and unfair to the American citizen and taxpayer.

[antrich4000]

12:31 AM on 11/04/2011

what are you talking about? the parents immigration status is not checked. if they have no tax return, usually what is needed. then they have no income.

[spytheweb]

02:46 AM on 11/04/2011

"the parent must also demonstrate the absence of legal ties to another state and establishment of a bona fide domicile in Florida (rather than maintaining a temporary residence incidental to enrollment at the university). Continued legal ties to another state contradict establishment of Florida domicile. Florida driver's license Florida vehicle registration Florida voter's registration Declaration of domicile Proof of purchase of a permanent home in Florida Florida occupation/professional license Florida incorporation or other evidence of legal residence in Florida" http://www.admissions.ufl.edu/residency/dependent.html

[theydidntforget]

06:06 PM on 11/05/2011

listen you pay their tuition.

[alijac3]

04:23 PM on 11/03/2011

These young adults are U.S. citizens and residents of Florida and they have to pay out of state tuition?
It is unfair and wrong to make these students pay out of state tuition.
They are U.S. citizens and deserve the same rights as any other U.S. citizen.

[haddonfineart]

06:27 PM on 11/03/2011

NO! They were born to illegal parents they are illegal, EASY AS THAT
American kids that go to a college out of the state that they live have to pay out of state tuition.
MEXICO IS OUT OF STATE, They are lucky they are not deported when trying to enrole in school

[antrich4000]

12:32 AM on 11/04/2011

the are as legal as you are buddy, despite their parentage. they were not born in mexico. they were born on US soil. they are not mexican citizens.

[school first]

12:50 AM on 11/04/2011

HADDONFINEART,

GREAT POST LOVED IT!!! Is alijac3 kidding me?????? Is she not educated enough to realize the drain they and their illegal parents/grandparents have put on this country??? Of course not, that thought process takes an education!

MOST PROTESTERS FIGHTING FOR THIS CHANGE ARE ILLEGALS THEMSELVES, OR ARE CONNECTED SOMEHOW TO ONE.

THEY HAVE NO RESPECT FOR THE USA!!!! THEY WANT WHAT THEY WANT SINCE THEY HAVE BEEN USED TO GETTING EVERYTHING FREE IN THE PAST!

[harriettubman]

11:10 AM on 11/04/2011

It's a shame that relatives and people with the same ethnicity are looking at his from an emotional point of view instead of a legal one. Their parents were illegal, undocumented, not recognized, whatever you want to call it. I'm tired of paying thousands in taxes and still owing more taxes at income tax time while these people are being coddled by every group who can squeeze something out of them, can.

If someene wants votes, the cowtow to this crowd. If someone wants to remain illegally working on the farms, they cowtow to them. If my relatives were in this predicament I'd try to help them get here legally first and foremost, not smuggling them here then expecting a silver tray full of benefits!!!

If I were a politician, I'd say either you vote for fairness or I don't need your vote at all!

[alijac3]

01:43 PM on 11/04/2011

This is not just an emotional issue. These are U.S. citizens that are not able to pay in state tuition in the state that they were born in and the one they reside in!
Undocumented immigrants pay taxes! And undocumented immigrants cannot and i repeat CANNOT get government help. They get help from private donations and emergencies and their kids who are u.s. citizens can get help.
As for the politicians, Democrats are trying to pass an immigration reform, and part of that is closing the border and fixing the broken immigration system. As for Republicans (which I'm assuming you are), they complain and complain but never offer a way to fix the immigration problem. Thats because they know that all the major companies that put money in their pockets will get pissed off for deporting their cheap labor!

[Mikey Ritter]

10:26 AM on 11/06/2011

What did you not see here? These adults (moist of the kids are over 18) are U S CITIZENS, residents of FLORIDA, and CAN VOTE! All they want is equal treatment. Is that not what this country was founded on, treation one equally? As far as you paying taxes, so do many of them. They pay sales taxes, they pay into social security. They pay property taxes, albeit indirectly if they rent. But understand, that these kids are U S CITIZENS & rersident of FLORIDA. It's pretty clear that they have a strong case.

[33127]

02:24 PM on 11/03/2011

I’m a financial aid coordinator in the state of Florida and one of the first things that we do before discussing tuition or financial aid is we determine dependency status.
1. Under 24 ..dependent
2. No children or you have children but do not offer at least 50% of their support…dependent
3. Not in the military …dependent
4. Not married…dependent
Dependent, meaning that your parents taxes and geographical location come into play when seeking financial aid. If your parents live in Kentucky yet you’ve stayed in Florida for the last 3 years. It doesn’t matter, you are still dependent. Which means no in state tuition because your PARENTS don’t live in Florida nor have they obtained legal residency. If this applies for ALL students applying for financial aid why shouldn’t it apply for these guys. Their parents are here ILLEGALLY. So why should they be entitled to in state tuition. No one is arguing that they shouldn’t be eligible to attend school, they just can’t seek in state tuition. It has nothing to do with being a US Citizen, if that’s the case then ALL students should be entitled to in state tuition if they are a citizen. So many people are turning this into a personal issue when it’s not. The law is the law and I’ve had to enforce this with so many other students who’ve had to pay more because their parents don’t reside in Florida.

[haddonfineart]

06:31 PM on 11/03/2011

THANK YOU! They are luck they are not deported / Born to an illegal an Illrgal.
Easy as that

[Mikey Ritter]

10:29 AM on 11/06/2011

not true as the couts, both liberal and conservatives, have ruled.

[school first]

12:53 AM on 11/04/2011

33127,

GREAT POST and thank you, because my own family members had to pay out of state tuition and we are legal USA citizens. THESE ILLEGALS DO NOT DESERVE BETTER THAN OUR OWN USA CITIZENS. HOW FAIR IS THAT???? SHAME ON THEM ALL AND THE LAW FIRM REPRESENTING THIS BILL - SHAME ON THEM ALL!!

[Mikey Ritter]

10:36 AM on 11/06/2011

shame on you for your unAmerican attitude. The case here is pretty clear: that these adults (as most are over 18) are being treated differently. The facts are simple: they are U S CITIZENS and the are residents of FLORIDA. They are legal citizens, as much as you are. To constatntly claim they are illegals, is not only wrong, but ignorant. And the claim "OUR OWN US CITIZENS," how is what they are asking for better than what others are getting? All they are asking for is in-state tution. just like other resident adults are getting. Shame on you...

[berrycuda]

01:15 PM on 11/03/2011

If these schools don't want to be sued by Americans, they should STOP with the "in state" v "out of state" tuition costs. It cost the same to educate, so stop gouging people and make it one education, one price...

That would end all this sillyness.

[spytheweb]

02:52 AM on 11/04/2011

They can sue, they're going to lose. The laws won't be changed because they have illegal parents.

[harriettubman]

11:13 AM on 11/04/2011

Wanna bet? They're threatening votes and politicians are running scared.

[Mikey Ritter]

10:47 AM on 11/06/2011

actually, there is a strong, better than even ,chance that the courts will rule in their favor. You are singling out a group of people, who by the way are adults (at least the vast majority are 18+) for illegal treatment. The state will have a tough time explaining why/how there is compelling interest to differentiate these groups. They are both adults, U S Citizens, and residents of FLORIDA. The "kids" have no legal responsibility for the actions of their parents. What is it you don't get? BTW, these "kids" can VOTE too.