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DAP Forums > DREAM Act > The News Room

GEORGIA DREAMers: Immigrant students seeking in-state tuition

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#1
12-05-2013, 09:21 AM
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Update on instate tuition battle going on right now.

Quote:
DECATUR, Ga. (AP) — A hearing is set for a lawsuit filed by 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.

The lawsuit filed in August asks a judge to instruct the university system's Board of Regents to allow them to qualify for in-state tuition.

At a hearing set for Thursday, a DeKalb County Superior Court judge will hear arguments on the students' request for the judge to issue a ruling without a full trial, and the state's request to move the case to Fulton County Superior Court.
Source


UPDATE 12:40PM

Quote:
DECATUR - A judge said he needs more information and more time in 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. Scott said the arguments were complex and asked both lawyers to submit an additional filing.
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Last edited by freshh.; 12-05-2013 at 04:06 PM..
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#2
12-05-2013, 10:35 AM
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I lol'd

Good luck with that.
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#3
12-05-2013, 01:36 PM
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Georgia is the worst when it comes to universities. Undocumented kids are not even allowed to attend top public universities, let alone qualify for in-state tuition.

Good luck with that lawsuit.
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#4
12-05-2013, 04:01 PM
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Quote:
Originally Posted by Task_1539 View Post
I lol'd

Good luck with that.
I'm glad to see that you find other DREAMers fighting an unfair ban from top tier universities and colleges funny. And considering the Board of Regents is going against its own policies, a ruling in favor of the DREAMers is actually possible.

Quote:
It is seen that DHS has made the distinction between lawful status and lawful presence. The Georgia Board of Regents only requires that a student show "lawful presence" to be eligible to pay in-state tuition. It is undisputed that what defines "lawful presence" is determined by the federal immigration authorities (DHS). It is a specific, legal term of art. It is also seen in DHS' FAQ on Deferred Action that the federal immigration authority (DHS) has decided that DACA beneficiaries are "lawfully present" within the United States.

Only one conclusion can be made from the law as it is written -- DACA beneficiaries in Georgia are legally entitled to pay in-state tuition. Due to this discrepancy between the Georgia Board of Regents and the Department of Homeland Security (DHS), the federal immigration authority, DACA recipients have no choice but to seek relief from the Courts of Georgia. It is asked and supported by law that the Georgia Courts order the Board of Regents to abide by its own policy, and admit DACA students to its colleges and universities and allow them to pay in-state tuition.
Charles Kuck - Attorney
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Last edited by freshh.; 12-05-2013 at 04:10 PM..
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#5
12-05-2013, 06:15 PM
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I'm comparing the most important paragraph of the policy between Kuck's version and the Board's.

Kuck:
Quote:
Policy 4.3.4 - Verification of Lawful Presence Policy

Each University System institution shall verify the lawful presence in the United States of every successfully admitted person applying for resident tuition status, as defined in Section 7.3 of this Policy Manual, and of every person admitted to an institution referenced in Section 4.1.6 of this Policy Manual. Any student requesting to be classified as an in-state student for tuition purposes will be required to provide verification of their lawful presence in the United States in order to be classified as an in-state student."
Board of Regents:
Quote:
4.3.4 Verification of Lawful Presence

Each University System institution shall verify the lawful presence in the United States of every successfully admitted person applying for resident tuition status, as defined in Section 7.3 of this Policy Manual, and of every person admitted to an institution referenced in Section 4.1.6 of this Policy Manual.
http://www.usg.edu/policymanual/sect...awful_presence

Kuck needs to prove that the Board changed the language of its own policy without any publication.
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#6
12-05-2013, 06:53 PM
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Quote:
Originally Posted by freshh. View Post
I'm glad to see that you find other DREAMers fighting an unfair ban from top tier universities and colleges funny. And considering the Board of Regents is going against its own policies, a ruling in favor of the DREAMers is actually possible.

Charles Kuck - Attorney
Georgia makes it funny. Any Bible Belt state would make it funny. I live in one, actually. So I know first hand what the experience is like, son.

I want the board of regents decision overturned. But if, say, Some New England state was in the title, the idea wouldn't seem as David & Goliath-esque.
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#7
12-14-2013, 02:26 AM
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Its good news to hear that there is even a minimum chance of their overturning that policy against undoc. students.

The fact that I couldn't get into Georgia Tech, even though I was more than qualified, launched me into depression for quite some time. I eventually had to apply for college outside of state.

If there's ever any chance of me attending Tech as a graduate student, I'll take it in an instant.
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