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Anchor Babies Sue Fla. Over Tuition
Judicial Watch ^ | 21 October, 2011 | Judicial Watch

Posted on 10/22/2011 1:37:25 AM PDT by Watchdog85

In a case that could set a national precedent, Florida anchor babies are suing public education officials for making them pay the higher college tuition rate charged to out-of-state students because their parents are in the U.S. illegally.

Born in the United States to illegal aliens, the students were required to prove that their parents are in the country legally in order to pay the discounted tuition fee offered to Florida residents at public colleges and universities. Most states offer the same perk, which saves residents a big chunk of change at taxpayer-funded schools.

That’s why controversy has erupted recently over states, many of them cash-strapped, that grant the public benefit to illegal immigrants. This case is different, however, because the plaintiffs were actually born in the U.S. Florida has long required students to provide evidence of their parents’ citizenship to get discounted college tuition, even when the kids graduated from a local high school.

The policy is discriminatory and a clear violation of the equal-protection clause of the U.S. Constitution, according to a complaint filed in federal court this week by five students who were charged higher out-of-state tuition. "Many talented American students must either forgo higher education or incur extraordinary costs, in both money and time, in order to obtain the same education made available to other Florida residents at a small fraction of the cost," the suit says.

A nonprofit civil rights organization dedicated to fighting hate and bigotry filed the complaint in Miami on behalf of the students. It’s part of a broader effort to “reform school policies that unnecessarily push students out of school or otherwise limit their opportunities for a successful future.” In this case the higher tuition puts a college education out of reach for these particular Hispanic students.

"In short, United States citizen students who reside in Florida but whose parents are undocumented immigrants are charged three to four times as much as other Florida residents for the same education at Florida's public colleges and universities," the complaint states. It further points out that the difference is staggering to the tunes of thousands of dollars.

The defendants named in the lawsuit are Florida’s Commissioner of Education (Gerard Robinson) and the chancellor of the state’s university system, Frank Brogan.


TOPICS: Government
KEYWORDS: aliens; reconquista
If the parents of these kids want in state tuition for their kids get a green card before they are ready for college. Sheesh!
1 posted on 10/22/2011 1:37:28 AM PDT by Watchdog85
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To: Watchdog85

No more breaks for illegals.


2 posted on 10/22/2011 1:48:13 AM PDT by Old Sarge (Marking time on the government's dime...)
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To: Watchdog85
A nonprofit civil rights organization dedicated to promoting and encouraging unlawful entry into the United States, fighting hate and bigotry filed the complaint ...
3 posted on 10/22/2011 1:54:07 AM PDT by missnry (The truth will set you free ... and drive liberals Crazy!)
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To: Watchdog85
The Dems and GOP are selling us out because they want us all working for $5 an hour. And another open-borders push by asymmetrical means.
4 posted on 10/22/2011 1:54:17 AM PDT by F15Eagle (1 John 5:4-5, 4:15, 5:13; John 3:17-18, 6:69, 11:25, 14:6, 20:31; Rom10:8-11; 1 Tim 2:5; Titus 3:4-5)
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To: Watchdog85

Rick Perry gave the discount rate to illegal children of illegals, much less anchor babies.


5 posted on 10/22/2011 2:05:00 AM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: Watchdog85
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.

The students in question and U.S. citizens and the State of Florida will lose this case.

6 posted on 10/22/2011 2:24:47 AM PDT by trumandogz (In Rick Perry's Nanny State, the state will drive your kids to the dentist at tax payer expense)
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To: trumandogz

The students in question are U.S. citizens and the State of Florida will lose this case.


7 posted on 10/22/2011 2:26:18 AM PDT by trumandogz (In Rick Perry's Nanny State, the state will drive your kids to the dentist at tax payer expense)
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To: Old Sarge

These students aren’t illegals. They were born here and are US citizens - and have lived in Florida all their lives (and paid local taxes there, as well as Federal income taxes, SS, etc.). The State of Florida is going to lose this one, because we’ve never had a situation where children can be punished for something their parents did or did not do.


8 posted on 10/22/2011 2:34:23 AM PDT by livius
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To: livius

Exactly.

This will be an easy one for any court as all one needs to do is to read the Constitution.


9 posted on 10/22/2011 2:38:30 AM PDT by trumandogz (In Rick Perry's Nanny State, the state will drive your kids to the dentist at tax payer expense)
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To: GeronL

“Rick Perry gave the discount rate to illegal children”

I don’t want to be overly contentious, but the fact is that the bill granting the discount passed with OVERWHELMING majorities in the Tx legislature.

So, unlike the Gardisil thing, this isn’t something Rick Perry did, it was something the people of Tx (through their elected reps) did.

Right or wrong (and for me I’d say wrong) it was their choice, not a fiat by Perry.

I don’t understand why Perry hasn’t said this at any debate.

But, then again, trying to understand Perry’s behaviour at the debates would require me to become a psychiatrist, or something.


10 posted on 10/22/2011 2:55:01 AM PDT by jocon307
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To: livius

“The State of Florida is going to lose this one, because we’ve never had a situation where children can be punished for something their parents did or did not do.”

As long as the students are dependents of the parents they do. If they use the dependency as a means to get health insurance under their parents policy . . .


11 posted on 10/22/2011 3:10:45 AM PDT by mazda77 (and I am a Native Texan)
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To: mazda77

The students are citizens. And this has nothing to do with health insurance, which in any case their parents would have had to pay for and therefore there’d be no reason they shouldn’t be covered by it.


12 posted on 10/22/2011 3:16:43 AM PDT by livius
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To: trumandogz

Ditto. Florida is discriminating against US citizens.


13 posted on 10/22/2011 3:46:25 AM PDT by 2dogjoe (Have a Blessed Day)
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To: livius

Would you like to keep on the point of my argument?

Please?

Or do you not care about the rules of the in-state tuition in this state, or any other?

Did those rules in this case not state that the parents had to provide proof of citizenship?

If we can agree that is a fact, then dependency is the key component of this argument.

Then if you really want to get into the details on a broader scale, then lets go back to the original intent and focus (key word here) of the 14th amendment. This one is real easy, no reading required, just listen.

http://www.youtube.com/watch?v=-EX37aeoyr4


14 posted on 10/22/2011 3:48:55 AM PDT by mazda77 (and I am a Native Texan)
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To: livius

“...we’ve never had a situation where children can be punished for something their parents did or did not do.”

In high school, I had a scholarship to any accredited NY state college. I graduated in June of ‘66. My dad accepted a job in Ohio in August of ‘66. Because my parents’ legal address was no longer in NY, I lost the scholarship; it was for residents only. (We didn’t know that when he changed jobs.) I know it’s not a U.S. “thing”, but children can be punished for something their parents did or did not do.


15 posted on 10/22/2011 3:51:04 AM PDT by MayflowerMadam
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To: trumandogz

if one reads the Constitution correctly, as opposed to the way the libtards have misinterpreted it, they are not citizens. the only children protected under the correct interpretation of the XIV ammendment were the children of slaves.


16 posted on 10/22/2011 5:57:45 AM PDT by bravo whiskey (If the little things really bother you, maybe it's because the big things are going well.)
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To: bravo whiskey

The young illegals going to college are obviously at least trying to improve their lives. These are not the types of illegals associated with drug dealing, robbery, murder and other crimes. It’s a lot cheaper to send them to college than keep them in prison. Florida universities should be looking for some baseball talent among this bunch if anything.....
There are a lot more teenage blacks in prison than college in FL. They have too many freebies and still blew it.


17 posted on 10/22/2011 8:05:53 AM PDT by libertyhoundusnr
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To: MayflowerMadam

The point in that case is that you were presumably a minor at the time and the scholarship was for residents only. But since a minor, unless emancipated, has the same address as his or her parents, therefore your address also changed to an out of state address at the time of his move.

It was unfair in your case and some bureaucrat probably just decided to exert a little power, but it was legal, unfortunately. But that’s different from somebody who meets all the residency and citizenship requirements for a tuition break and is denied it because of something their parents did in the past. Children born in this country are automatically citizens, like it or not, and there’s no legal grounds for denying them in-state tuition if they meet the state residency requirements.


18 posted on 10/22/2011 9:43:47 AM PDT by livius
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To: Watchdog85

Simple solution. Give the student in-state rates, and deport both parents after fining them, and place them on a “No Immigration” list from ever being allowed to visit the U.S. again.

And follow that up by having the hospitals in Florida refuse to issue birth certificates to children born of illegal alien parents. Refer the new parents to their consulate or the U.S. Consulate to apply for birth certificates. That way the hospital can bill the country of origin for the costs of delivery and any pre-maternal care.


19 posted on 10/22/2011 9:57:10 AM PDT by RideForever
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To: Watchdog85

Like it or not — and I don’t like it — anchor babies are legal US citizens under our existing laws and the laws at the time of their birth. As such, they can’t be denied the legal benefits allowed by their state to all state legal residents. Their parents are illegals but they are not. Florida cannot legally deny them in-state tuition rates.

Now how about when the Republicans get the Senate, they pass a law reversing babies born on US soil are automatic citizens.


20 posted on 10/22/2011 12:15:41 PM PDT by Freedom_Is_Not_Free (We be fooked.)
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To: bravo whiskey

Perhaps that may be true, but it was not specified in the 14th Amendment and those who actually sit on the SCOTUS are not in agreement with you on this issue.

And being that the students in question are in fact US citizens, the courts will have no choice but to rule against Florida.


21 posted on 10/22/2011 12:22:55 PM PDT by trumandogz (In Rick Perry's Nanny State, the state will drive your kids to the dentist at tax payer expense)
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To: jocon307

I didn’t say it was by fiat, I said it was wrong.

Polls have shown that even half the hispanics are against it.


22 posted on 10/22/2011 12:45:08 PM PDT by GeronL (The Right to Life came before the Right to Happiness)
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To: jocon307; GeronL
I don’t understand why Perry hasn’t said this at any debate.

Because Perry was FOR IT (STILL IS) and he SIGNED it. It's not like they overrode his veto.

23 posted on 10/23/2011 10:44:25 AM PDT by Impy (Don't call me red.)
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