March 19, 2019

Immigration Politics Georgia in the news: Can the DACA ‘Kids’ get Instate College Tuition Rates? Not so far in Georgia

Posted by D.A. King at 9:39 pm - Email the author   Print This Post Print This Post  

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Can the DACA ‘Kids’ get Instate College Tuition Rates? Not so far in Georgia

March 17, 2019

That is what D.A. King reported on his Immigration Politics Georgia website earlier this month in the wake of an Appellate court decision.

The gist of the decision is that Georgia does not have any responsibility to allow those illegal aliens known as DACA (Deferred Action for Childhood Arrivals) recipients to attend college on the taxpayer’s dime.

DACA kids are not lawfully present says the court, they only have their removal deferred at the moment!

Below is a bit of King’s report.

But first, his website is a reminder of what you all should be doing in your states as King explains, was created in late 2018 with personal funds in an effort to provide news and opinion now mostly muffled and hidden by the MSM in Georgia.

The story about the DACA ‘kids’ lawsuit is here,

Appellate Court: Not lawfully present, illegal aliens with DACA are illegal aliens – Georgia issuing public benefits based on disputed status

Illegal aliens who have been awarded deferred action on deportation proceedings through the DACA amnesty by both the Obama and Trump administrations are illegal aliens and do not have “lawful presence” says the 11th Circuit Court of Appeals. The decision was handed down March 6, 2019.

The ruling was in response to a suit brought by several illegal aliens in Georgia who are challenging the Board of Regents policy that requires lawful presence for instate tuition purposes and admittance to some USG universities.

A group of DACA recipients sued the leaders of the Georgia higher education system in 2016, which bars aliens who are not “lawfully present” from enrolling in some Georgia colleges and universities, even if they would academically qualify for admission. “The students argued that they were lawfully present under federal law, which preempted state law. They also claimed that the admissions bar violated their right to equal protection, as Georgia treats aliens who are paroled into the U.S. or granted asylum as “lawfully present” reported the Immigration Reform Law Institute.

The Eleventh Circuit rejected all of the students’ claims. The court noted that “lawfully present” is not a standalone immigration classification, and it is not defined anywhere in the (Immigration and Nationality) Act” *(opinion here).

The ruling is consistent with an official October 2017 statement to this writer from the United States Citizenship and Immigration Services (USCIS) that “current law does not grant any legal status for the class of individuals who are current recipients of DACA. Recipients of DACA are currently unlawfully present in the U.S. with their removal deferred.”