Illegal Immigrant Students seek Georgia’s In-State Tuition Rates

A judge said Thursday that he needs more information and time to decide the case of a group of young people who were brought to the U.S. illegally as children and want the Georgia university system to grant them in-state tuition. 

The roughly three dozen young immigrants have been granted temporary permission to stay in the U.S. under an Obama administration policy introduced last year. They filed a lawsuit in August asking a judge to instruct the university system’s Board of Regents to allow them to qualify for in-state tuition.

At a hearing Thursday, DeKalb County Superior Court Judge Mark Anthony Scott heard arguments on the state’s request to move the case to Fulton County Superior Court because that’s where the Board of Regents is located. Charles Kuck, a lawyer for the young immigrants, argued that the board can be sued in any county where it has a school. 

Scott said the arguments were complex and asked both lawyers to submit an additional filing within 60 days.

The Board of Regents has repeatedly said it does not comment on pending litigation. 

The Georgia university system requires any student seeking in-state status for tuition purposes to provide verification of “lawful presence” in the U.S. The Regents have said students with temporary permission to stay under the new program — known as Deferred Action for Childhood Arrivals or DACA — do not meet that requirement. But the Regents’ policy does not define “lawful presence,” the lawsuit says.

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