The plaintiffs in this case were US citizens whose parents could not prove their own American citizenship. Under rules followed by the state Department of Education and the Board of Governors, those children would have to pay out-of-state tuition at state-run colleges and universities. That would double or triple the cost of their education. Jerri Kapzerman is a lawyer from the Southern Poverty Law Center, which filed the case in Miami federal court. They won.
"The importance of the case is the judge has said this violates the U.S. constitution", said Jerri Kapzerman. "We do not treat U.S. citizens differently from other U.S. citizens."
In Miami, advocates for immigrants welcomed the ruling, which they said could apply to thousands of people. Maria Rodriguez, executive director of the Florida Immigrant Coalition, said the children of undocumented immigrants who live in Florida deserve in-state tuition as much as any Florida resident.
Rodriguez says, "Those who live in Florida pay sales tax, property tax and participate in the local economy and they should be afforded the in state tuition rates and should not be linked to immigration."
A spokeswoman for the state Department of Education said in an email statement that the decision by U.S. District Judge J. Michael Moore is under review and refused farther comment.