The federal deferred action program allows illegal immigrants to stay in the country and work without threat of deportation. To be eligible, they must have arrived in the U.S. before they were 16; enrolled in or have graduated from high school, served in the military or earned a GED; have no felony convictions; and have lived in the country for at least five years.
Attorney Charles Kuck said he will file the lawsuit on behalf of deferred action students.
“These students have put their lives on hold and can no longer wait,” Kuck said. “These kids are tired of being political pawns.”
Spokesman John Millsaps said the regents, as a policy, do not comment on pending litigation.
Students who receive deferred action are not eligible for federal financial aid. Some national observers have said the students would not be eligible for in-state tuition unless states accept deferred action status in place of legal residency as a qualification for taxpayer-supported rates.
The regents repeatedly have refused to rescind the policy. The rule has received support from some Georgia lawmakers. The Legislature has debated bills that would bar illegal immigrants from all public colleges.