SPLC lawsuit: South Carolina tuition policy discriminates against students, violates U.S. Constitution

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South Carolina is discriminating against aspiring college students by requiring U.S. citizens living there to pay the out-of-state tuition rate when they are unable to prove their parents’ lawful immigration status – an unconstitutional policy that can nearly triple the cost of college, according to a federal lawsuit filed by the SPLC.

In addition to the increased tuition, these students are ineligible for state academic merit scholarships and education assistance grant programs under state policy.

“Many talented U.S. citizens living in South Carolina are forced to delay or forego a college education due to this punitive and unconstitutional policy,” said Michelle Lapointe, SPLC senior staff attorney. “It’s time to end the state-sanctioned discrimination that is putting a college education out of reach for too many talented South Carolinians.”

The difference in tuition for students affected by these policies is staggering. At the College of Charleston, the annual cost for a four-year bachelor’s degree is $10,558 for residents, but more than $27,000 for nonresidents.

The SPLC has successfully helped students fight such policies. In 2013, the SPLC represented a student after the University of South Carolina classified him as an out-of-state student despite being born and raised in the state.

The university reversed its decision after the SPLC threatened to sue on the student’s behalf. The SPLC’s letter to the university cited a case it filed in 2011 – Wendy Ruiz v. Gerard Robinson – in which a federal judge blocked a similar tuition policy in Florida after finding it unconstitutional. Unfortunately, the discriminatory policy has persisted at South Carolina colleges.

For South Carolina resident Antonio Rojas Rodriguez – a plaintiff in the lawsuit announced today – the state’s policy has needlessly interfered with his college plans by classifying him as an out-of-state student.

Rojas Rodriguez had hoped to attend the College of Charleston after graduating from Stratford High School this month, but the policy threatens to put his education out of reach. He also won’t receive a South Carolina merit-based LIFE Scholarship and state grant despite otherwise qualifying for this financial aid. Without access to in-state tuition rates, his college plans will likely be put on hold.

 “I was born in this country and have lived in South Carolina for about 10 years,” Rojas Rodriguez said. “I know no other home than South Carolina. There shouldn’t be any doubt that I’m a resident. I’ve worked hard in school to earn the opportunity to go to college, but now that opportunity is being stripped from my hands.”

The South Carolina Appleseed Legal Justice Center is serving as the SPLC’s co-counsel on the case.