RICHMOND, VA – MALDEF (Mexican American Legal Defense and Educational Fund) will present oral argument to the United States Court of Appeals for the Fourth Circuit on Wednesday.
MALDEF is asking the court to reverse a district judge’s ruling that allows South Carolina to continue to presume that U.S. citizen children of undocumented immigrants are not state residents and therefore ineligible for in-state tuition, financial aid and scholarships.
WHAT: Hearing to appeal district court’s summary judgment on in-state tuition rules
WHO: Burth Lopez, MALDEF staff attorney
WHEN: 9:30 a.m., Wednesday, September 13, 2017
WHERE: U.S. Court of Appeals for the Fourth Circuit Lewis F. Powell, Jr. United States Courthouse 1100 E. Main Street Richmond, Virginia 23219
BACKGROUND: In June 2014, MALDEF sued the South Carolina Commission on Higher Education and individual board members challenging a 2009 rule that denies U.S. citizens financial assistance, in-state tuition and scholarships based on their parents’ immigration status.
The suit was filed on behalf of Angelica Rocha Herrera, a U.S. citizen and South Carolina resident who was denied financial aid and in-state tuition because the commission’s rule determines a student’s residency based on the status of their parents.
The suit alleged the commission’s policy violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment.
A district court granted summary judgment to the South Carolina Commission on Higher Education, concluding that the commissioners were not liable and therefore not the appropriate defendants. The district court also ruled that the commissioners’ policy did not violate the Equal Protection or Due Process Clauses of the Fourteenth Amendment.
MALDEF is appealing that decision.