SouthFlorida.com | Teen Link South Florida

Students who are Florida residents and U.S. citizens are routinely being denied in-state tuition at Florida's colleges and universities because of questions about their parents' immigration status, a new lawsuit alleges.

The Southern Poverty Law Center, an Alabama-based civil rights organization, has filed the suit in U.S. District Court in Miami against the state college and university systems on behalf of five students who applied to state schools.

All are U.S. citizens, lived in Florida for most or all their lives and graduated from high schools in Florida. But they were told they must provide proof of their parents' legal immigration status to get in-state tuition. This practice is unconstitutional, the lawsuit alleges.

Out-of-state tuition in Florida is more than three times that of in-state tuition. At Florida Atlantic University, an in-state student taking 15 credit hours a semester would pay $5,330 a year, while an out-of-state student would pay $19,715. As a result, many students end up forgoing their education or work extra jobs or take on large amounts of debt, the lawsuit alleges.

"My chance for success has been unfairly blocked," said Caroline Roa, who was told she had to pay out-of-state tuition for Miami Dade College, although she was born in Miami and lived there all her life. "This is not right. It's not American."

Roa said she's now working two jobs in hopes of earning enough money to pay the higher cost of college.

The lawsuit names as defendants Frank Brogan, chancellor of the State University System, and Gerard Robinson, chairman of the Florida Department of Education, which oversees state colleges.

Officials from both agencies declined comment.

The state rule requiring parents to have proper documentation applies to any student under age 24 considered a dependent of their parents. Those 24 or older would qualify for in-state tuition, regardless of their parents' immigration status.

Tania Galloni, an attorney for the law center, said she believes hundreds of students in the state have overpaid for their education as the result of this requirement and thousands probably chose not to attend college at all.

Two days after the lawuit was filed, Rep. Reggie Fullwood, D-Jacksonville, filed a bill that would allow Florida residents who are U.S. citizens to qualify for in-state tuition, regardless of their parents immigration status.

As currently written, the bill wouldn't benefit the students in the lawsuit, only future students. Fullwood said some college officials expressed concern it might be too expensive to make the bill retroactive, but he said the bill will likely go through revisions as he receives input.