The Georgia Court of Appeals on Thursday rejected an appeal aimed at making young immigrants who were granted a special reprieve from deportation eligible for in-state college tuition.

In rejecting the appeal, the court upheld a Fulton County Superior Court’s ruling from June that says state law bars such lawsuits through sovereign immunity.

“We agree with the trial court that sovereign immunity bars this action,” the court said in its six-page ruling. “Our state constitution provides that, with certain exceptions not relevant to this case, sovereign immunity ‘extends to the state and all of its departments and agencies.’

The attorney for the 39 plaintiffs in the case, Charles Kuck, said he would appeal to the Georgia Supreme Court in the next two weeks.

“The day that residents of Georgia cannot seek redress in court for the state’s action against them is a sad day for all Georgians,” he said in a prepared statement. “We will appeal this decision and continue our fight for tuition equity on all available fronts.”

About the Author

Keep Reading

Senator Jon Ossoff waves to a crowd of supporters during his Rally For Our Republic event on Saturday, July 12 inside the Kehoe Iron Works building at Trustees Garden in Savannah, Ga. [Photo by Sarah Peacock for the Atlanta Journal Constitution]

Credit: Sarah Peacock

Featured

Rebecca Ramage-Tuttle, assistant director of the Statewide Independent Living Council of Georgia, says the the DOE rule change is “a slippery slope” for civil rights. (Hyosub Shin/AJC)

Credit: HYOSUB SHIN / AJC