The plaintiffs sued the state Board of Regents, arguing they should be allowed to pay the lower tuition rate. Fulton County Superior Court Chief Judge Gail Tusan agreed with them in her ruling released in January. The Board of Regents appealed.
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Charles Kuck, the attorney representing the DACA recipients in the case, said they would appeal to the Georgia Supreme Court. Rigoberto Rivera, a plaintiff and Roswell High School graduate who was brought to the U.S. from Mexico as a child, wrote on Facebook the appeals court’s decision was “erroneous and an injustice” to the DACA recipients in Georgia who “pay taxes and that have fought for the past four years for their right to in-state tuition.”
“The Georgia Undocumented Youth Alliance will continue the fight in court,” he said.
A spokeswoman for the Georgia Attorney General’s Office, which represented the Board of Regents in the case, declined to comment other than to say the appeals court’s decision speaks for itself.