Judge: Florida can't charge students as non-resident

Judge K. Michael Moore says rules violate Constitution

MIAMI - A federal judge in Miami has ruled that Florida students cannot be charged higher non-resident tuition simply because their parents may be in the U.S. illegally.

U.S. District Judge K. Michael Moore says the rules violate the Constitution. The lawsuit was filed earlier this year by the Southern Poverty Law Center on behalf of students who are U.S. citizens and Florida residents but whose parents cannot prove legal immigration status.

Attorneys estimated hundreds or thousands of Florida students could be affected. Florida education officials did not immediately respond to requests Tuesday for comment.

Students who are classified as "non-residents" in Florida can be charged more than triple the cost of in-state tuition. The policy affects those under age 24 and who are claimed as dependents by parents.

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