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I put this together Sunday and sent it to the Georgia AG, Phil Kent, a legislator and several other places. Instate tuition November 27, 2016 dak<\/p>\n
1) DACA recipients are denied Obamacare by the feds. They are also not liable for the \u201cno health insurance\u201d penalty. This was a result of an interpretation of \u201clawfully present\u201d by a federal agency.<\/p>\n
Q: If a fed agency can make its own determination on benefits to DACA beneficiaries, why should state entities be denied that same avenue?<\/strong><\/p>\n \u201cLawfully Present\u201d Individuals Eligible under the Affordable Care Act \u201cOn August 30, 2012, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule excluding individuals granted deferred action under the \u201cDeferred Action for Childhood Arrivals\u201d (DACA) policy from the \u201clawfully present\u201d definition, for purposes of PCIP eligibility.[8] This policy, in effect, excludes this subgroup from eligibility for the health insurance exchanges and the premium tax credits. Individuals granted deferred action based on other administrative policies remain eligible as \u201clawfully present.\u201d https:\/\/www.nilc.org\/issues\/health-care\/lawfullypresent\/<\/a> and many other sources.<\/p>\n 2) DACA students are not eligible for federal student aid\/Pell Grants.<\/p>\n \u201cIf I have been granted Deferred Action for Childhood Arrivals (DACA), am I eligible for federal student aid? Q: Since instate tuition is treated as a public benefit because it is state \u201caid\u201d \u2013 why should the Regents not have the same ability to decide on their interpretation of \u201clawfully present\u201d regarding state aid to DACA recipients?<\/strong><\/p>\n 3) State law passed in 2008 refers to Title IV regulations when determining eligibility for non-citizens access to instate tuition. Please see page 3, SB 492 AP lines 11 -16<\/a>. (OCGA 20-3-66) As is illustrated above, that does not include DACA or anyone in illegal status. DHS\/USCIS makes it clear <\/a>on deferred action on deportation: \u201cDeferred action does not provide lawful status.\u201d<\/strong><\/p>\n
\nLast revised JULY 2016<\/p>\n
\nUndocumented students, including DACA recipients, are not eligible for federal student aid, but you may still be eligible for state or college aid, in addition to private scholarships. Check with your college or career school\u2019s financial aid office for more information.\u201d https:\/\/studentaid.ed.gov\/sa\/eligibility\/non-us-citizens#daca-eligibility<\/a><\/p>\n