DEARBORN — The Arab-American Civil Rights League (ACRL) filed a class action lawsuit in federal court against the University of Michigan for requiring local students, whose parents travel frequently overseas, to pay non-resident tuition.

The named plaintiff in the lawsuit is Hussein Berry, a 20-year-old U.S. citizen who was denied in-state tuition by the University of Michigan-Dearborn (UMD), although he has lived in Michigan since 2006. Non-resident tuition could be up to triple the amount of in-state tuition.

ACRL Chairman Nabih Ayad announced the lawsuit at the organization’s office in Dearborn, on Wednesday, May 7. The UM Board of Regents is the named defendant in the case because it sets the university policies.

According to the lawsuit, Berry has attended Dearborn schools since eighth grade and was a student at Henry Ford Community College for two years after graduating from Fordson High School in 2011.

Berry started attending UMD in September 2013. He paid non-resident tuition the first semester, but he said he was told that the university was reviewing his case. After the University declared him a non-resident, Berry only paid in-state tuition for the Winter 2014 semester, which spanned from January through April. His account was put on hold, and he now owes the university about $8,000. Berry cannot register for classes until he pays the remaining balance on his account.

The lawsuit demands that the university consider Berry and other UM students in a similar situation as residents. It also asks that the university reimburses the students for the additional money they paid for non-resident tuition.

Ayad said he has talked to three more students who are paying non-resident tuition for the same reason in recent days.

A list of out-of-state activities could have a student’s resident classification questioned by the university. If a student is under the age of 24 and has a parent living outside of Michigan, he may be required to complete an Application for Resident Qualification.

Berry’s father travels regularly for business, and his mother has visited an ailing relative overseas and taken a trip to Mecca to perform the Haj, the Islamic pilgrimage. Both parents are U.S. citizens. 

Ayad said classifying the children of frequent travelers as non-residents targets immigrant Americans.

“You’re putting a broad web over a class of individuals, especially in the immigrant community, because we all travel. As immigrants, all our parents travel overseas and out of state,” he said. “The overwhelming problem with this is that you are excluding a whole class of individuals that otherwise would be able to attend the University of Michigan and get a world-class education at a world renowned academic institution.”

The lawsuit accuses UM Board of Regents of violating the 14th Amendment of the U.S. Constitution, which states that “no state shall… deny to any person within its jurisdiction the equal protection of the law.”

Berry said he did not contemplate legal action until “after two semesters of trying to fight [the university administrators], trying to show them I am a resident, trying to give them proof.” Ayad said he and his client tried to resolve the issue directly with the university before filing the lawsuit. 

“I believe the University of Michigan is being very unjust by charging me out-of-state tuition because my only home and address is here in Michigan, and that is where I plan on living, working and starting my family,” Berry said.

Michigan is the only place where Berry could apply for resident tuition, according to the lawsuit.

“This is not fair, and [Berry] is being discriminated against. Because his father does business overseas, they’re using that against him and his education,” said ACRL field director Samia Sarieni. 

Ayad said Berry is being “priced out” of a good education by the university.

“They are choosing profit over student education, and it’s a shame. They University of Michigan should be ashamed of themselves that they conduct their business in this fashion,” he said.