- Associated Press - Tuesday, September 4, 2012

MIAMI (AP) — A federal judge has ruled that Florida students cannot be charged higher out-of-state tuition simply because their parents may be in the U.S. illegally.

The lawsuit was filed on behalf of students who are U.S. citizens and Florida residents but whose parents cannot prove legal immigration status. U.S. District Judge K. Michael Moore said that charging them nonresident tuition violates the Constitution.

Children of illegal immigrants have won similar battles in New Jersey, California and Colorado.

Lawyers estimate that thousands of Florida students could be affected.

Florida education officials say that lawyers are reviewing the ruling and that no decision has been made on whether to appeal. Florida has 28 public two-year colleges and 11 four-year public universities.

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