The Georgia Court of Appeals has forwarded to the state’s Supreme Court the legal case over whether young immigrants who are being temporarily shielded from deportation may pay in-state tuition in Georgia.
In a three-page order issued Friday, the Appeals Court said that since the case is connected to the U.S. Constitution’s supremacy clause — which says federal law is the supreme law of the land — it was sending the case to the state’s highest court.
An Obama administration program called Deferred Action for Childhood Arrivals, or DACA, is at the heart of the legal dispute. The program grants work permits and temporary protection from deportation in two-year increments. President Donald Trump vowed to cancel that program as he campaigned for the White House, though he has tempered his comments about DACA in recent weeks.
About 23,000 people living in Georgia have been approved for DACA so far. Some of them are suing the Georgia Board of Regents, arguing they are legally present in the U.S. through DACA and should therefore be allowed to pay in-state tuition. Fulton County Superior Chief Judge Gail Tusan agreed with them in her recent ruling. The Board of Regents is appealing.
“This is good news for these DACA students, as we knew we would end up at the Georgia Supreme Court,” said Charles Kuck, an attorney for the plaintiffs. “Our DACA students will keep fighting for the chance to attend the Georgia colleges and universities they help fund with their tax dollars.”
The Georgia Attorney General’s Office declined to comment.
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