Tuition Rulings 'Straightforward' - Olivas

"The latest ruling came on Friday from a federal court in Florida, which threw out state regulations defining American children of parents without legal immigration status as out-of-state residents, ineligible for tuition breaks given to state residents at public colleges and universities. ... In a broad decision, Judge K. Michael Moore of Federal District Court in Miami found the regulations unconstitutional because they “create a second-tier status of U.S. citizenship,” by denying benefits to the students in the lawsuit that were freely available to other Americans.  The policy “does not advance any legitimate state interest,” the judge wrote, while it hindered Florida’s goal of “furthering educational opportunities for its own residents.” ... “Legally, the issue is straightforward,” said Michael A. Olivas, a professor of immigration and education law at the University of Houston.  “These children are citizens. These are not kids whose status is at issue at all. The provisions are struck down on plain vanilla equal-protection grounds.”" - New York Times, Sept. 5, 2012.