Thread: U.S. citizens denied right to in-state tuition

U.S. citizens denied right to in-state tuition

http://www.miamiherald.com/2011/10/19/2 ... to-in.html

A lawsuit is challenging Florida’s policy of charging out-of-state tuition to U.S. citizens whose parents are undocumented immigrants.


By Michael R. Vasquez

mrvasquez@MiamiHerald.com


Attorneys filed a federal suit arguing that scores of American students — who were born in the United States as children of undocumented 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 Center, 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 blasts the policy as a clear violation of the equal-protection clause of the U.S. Constitution.

“Being classified as a non-resident more than triples the cost of tuition,â€

There's a simple answer for this. If you cannot afford to go to college and your parents don't fill out a FAFSA, then you do not go to college! WE do not owe anyone a free college education!

My parents could not afford even in-state tuition and I certainly wasn't making enough to pay for it, so I didn't go. Whining, crying and pitching fits does will not help, so grow a pair, sit down and SHUT UP!

American citizens who are NOT children of illegals also are denied in-state tuition if their parents don't live in-state - even though it's against federal law.

I hope that parents who are citizens who have children at these schools and pay the out of state tuition start sueing the crap out these schools for catering to illegals!

This article never clarifies exactly what the current policy is.

American citizen students in most states, even if from out of state, should be able to establish their own residency as adults in whatever state they choose. This may involve living and working in a state for a year or more, separate from their parents, to establish that residency before being able to enroll in college, but at that time, they should be able to enroll as in-state students. That is how it used to be anyway because I did that after getting married and moving to Michigan. We established residency, and then I enrolled in college to complete my degree as an in state student.

Because the article neglects to clearly state what the policy actually is, it is impossible to make a judgment as to whether the lawsuit is reasonable (although just the fact that SPLC is involved makes me think is is probably NOT reasonable! ).

Many US citizen students today, my own son included, are not able to afford college--it is just a fact of life. No one should get special treatment!

ReggieMay, I didn't know it is against the law to charge American citizens out-of-state tuition if their parents don't live in-state. That's the way it's always been.

I've filled out the FAFSA for my kids quite a few times and have been audited twice. It makes me wonder how they audit parents who are illegally here, are most likely using fake identification and who have false social security numbers? It has always been my understanding that financial aid is determined by the parents and childs income and to some extent assets.

Many US citizen students today, my own son included, are not able to afford college--it is just a fact of life. No one should get special treatment!

Illegals receive more scholarships because they are considered multicultural or because they are considered a minority. We need to become a color blind united society of citizens and legal immigrants and move on past the special treatments based on skin color, ethnicity or illegal alien status. Illegals don't deserve anything!

If you're an illegal so sad too bad if you want to continue your education go back home. They need you more than we do. You are also wanted there. You are not wanted here!

Silly me! I forgot that EVERYONE now gets financial aid to go to college, meaning that they want parents' incomes as well. We as a nation have to get past this notion that EVERYONE should go to college--it is not true!! Many of the most highly sought positions are for skilled workers, meaning things that are taught in vocational school or at community colleges, like mechanics and welders. I just don't understand this "right" to go to college idea!

You are right, Mayday, we do need to become a truly colorblind society...I'm afraid I won't live to see it. <sigh>

Originally Posted by imblest

Silly me! I forgot that EVERYONE now gets financial aid to go to college, meaning that they want parents' incomes as well. We as a nation have to get past this notion that EVERYONE should go to college--it is not true!! Many of the most highly sought positions are for skilled workers, meaning things that are taught in vocational school or at community colleges, like mechanics and welders. I just don't understand this "right" to go to college idea!

This.
So much this.
What about hairdressers, chefs, electricians, carpenters, etc... there are so many vocations that one can and should be able to do well at that do not and should not require a university level degree. I mean really.

As to the tuition? I totally agree, if someone without all the proof I have to show can get the cheaper tuition then, by God, ANYONE should get the cheaper rate. Personally? Citizens and their offspring should always get the preferential treatment and quick door/line first, if anyone is to get it.

imblest - just to clarify. It's against federal law to charge citizen students out-of-state tuition if illegals receive in-state tuition. It gets confusing, I know.

"Notwithstanding any other provision of law, an alien who is not
lawfully present in the United States shall not be eligible on the
basis of residence within a State (or a political subdivision) for
any postsecondary education benefit unless a citizen or national of
the United States is eligible for such a benefit (in no less an
amount, duration, and scope) without regard to whether the citizen
or national is such a resident."

http://codes.lp.findlaw.com/uscode/8/14/II/1623

So if any citizen student is paying out-of-state tuition in a state that grants in-state tuition to illegals, that citizen student is entitle to in-state tuition as well.

Originally Posted by ReggieMay

imblest - just to clarify. It's against federal law to charge citizen students out-of-state tuition if illegals receive in-state tuition. It gets confusing, I know.

"Notwithstanding any other provision of law, an alien who is not
lawfully present in the United States shall not be eligible on the
basis of residence within a State (or a political subdivision) for
any postsecondary education benefit unless a citizen or national of
the United States is eligible for such a benefit (in no less an
amount, duration, and scope) without regard to whether the citizen
or national is such a resident."

http://codes.lp.findlaw.com/uscode/8/14/II/1623

So if any citizen student is paying out-of-state tuition in a state that grants in-state tuition to illegals, that citizen student is entitle to in-state tuition as well.

WOW! Thanks for enlightening me, ReggieMay! That's good info to know. I bet many state elected officials don't even realize that is the law, or they don't care.