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Update on tuition ruling by Federal District Court in Miami

Earlier this fall we wrote a post on a decision rendered by the Federal District Court in Miami. The court ruled that state regulations denying some benefits to the children of undocumented immigrants based on the status of their parents, is unconstitutional. They were found to violate the Constitution's 14th Amendment, "equal protection" clause.

More specifically, the court determined that children of undocumented immigrants, who were attending college and are residents of the state of Florida, could not be deemed out-of-state residents for purposes of determining how much tuition they would pay. The big difference in the two categories of tuition charged annually at Florida schools, in some cases three times as much for out-of-state students, made this ruling extremely important for those impacted.

Recently, there was an update to this matter. Earlier this week members of the Florida Board of Education participated in a vote that determined the court decision would not be appealed. The vote was reportedly unanimous. That same decision is expected to be reached by the Florida Board of Governors as well.

This is clearly good news for many residents of South Florida. The opportunity to attend a college in the state while paying the lower amount could, in some cases, be the difference between obtaining a higher degree or not. It is also arguably good news for the state of Florida and the entire nation as it keeps talent that could ultimately make great contributions to the economy, in the country.

The change is expected to take effect in the spring of 2013.

Source: The Huffington Post, "Florida Undocumented Immigrant Tuition Ruling Won't Be Appealed: State Education Board," Joey Francilus, Nov. 7, 2012

  • Immigration matters can be complex. Our firm handles immigration matters for individuals located throughout the state of Florida. If you would like to learn more about our practice, please visit our Miami immigration page.

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