Immigrants’ tuition case in appellate court

Group has sued Board of Regents over in-state rates.

The state Court of Appeals on Thursday heard arguments on whether young immigrants who have received a special reprieve from deportation through an Obama administration program should be allowed to pay in-state tuition in Georgia.

Arguments centered on whether members of the Board of Regents are immune to the lawsuit filed by the immigrants and whether state law prohibits them from paying the in-state rate, which is three times lower than the out-of-state rate.

While asking many probing questions, the three-judge panel did not indicate how it would rule; a decision is expected in the coming months.

But Chief Judge Sara Doyle said the matter could be settled elsewhere.

At the center of the case is Deferred Action for Childhood Arrivals, a program the Obama administration set up to grant temporary deportation deferrals and work permits to immigrants who were brought illegally to the U.S. as children. As of March 31, 24,135 people in Georgia had been accepted into the program.

Some of those DACA recipients in Georgia are suing the state Board of Regents, arguing they should be allowed to pay the lower tuition rate. If it happens in Washington or under the Gold Dome, The Atlanta JournalConstitution has somebody there to tell you what it means for all Georgians. Follow our coverage www.myAJC. com/politics. You can also join the conversation on Twitter at www.Twitter.com/ GAPoliticsNews or Facebook at www. facebook.com/ gapoliticsnewsnow/.

Fulton County Superior Court Chief Judge Gail Tusan agreed with them in a ruling released in January. The Board of Regents is appealing.

Arguing for the Board of Regents, Senior Assistant Attorney General Russell Willard said the state constitution shields members of the Board of Regents from the plaintiffs’ lawsuit, an assertion the plaintiffs deny.

He also pointed to a 2008 state law that says noncitizens cannot pay the in-state rate unless they are “legally in this state.” The board’s tuition policy closely tracks that law.

Charles Kuck, the attorney for the plaintiffs, highlighted federal records that say DACA recipients are lawfully present in the U.S., while calling the board’s in-state tuition policy “unjust” and “immoral.”