In-State Tuition For Illegal Immigrants

Immigrants without legal status in U.S. sue Georgia for in-state tuition

Rigoberto Rivera grew up in Georgia, he graduated from Roswell High School and he and his parents are paying state income taxes. Now he wants to go to college and study criminal justice in his home state.

But he said he can’t afford it because Georgia won’t let him pay its in-state tuition rate, which is several thousand dollars below the out-of-state rate. The reason: Rivera was illegally brought here from Mexico as a child and doesn’t have legal status in the U.S. like a citizen or a green card holder would.

Rivera and 38 other immigrants like him are now suing the state, arguing it is not following its own tuition policy. At the center of the lawsuit is a controversial Obama administration program that has granted people including those 39 a temporary reprieve from deportation. The federal government says people granted that benefit are legally present in the U.S. Being in the U.S. legally is what Georgia’s in-state tuition policy requires.

Similar legal battles have been raging in other states since 2012, when the federal government started the Deferred Action for Childhood Arrivals program.

There are strong feelings on all sides of the debate. Opponents of Rivera’s argument say taxpayer-funded benefits should be reserved for those who have legal status in the U.S. Supporters say it makes sense to award in-state tuition rates for students like Rivera who could contribute more to Georgia’s economy after boosting their skills in college.

Rivera, 24, lives with his parents in Roswell. He helps cover his family’s household expenses by cleaning houses, though he dreams of becoming a lawyer or starting a career in law enforcement.

“Sometimes you get depressed,” he said of his inability to afford college in Georgia. “When you talk to your friends that you had in high school and you find out that they finished their bachelor’s degree two years ago … it makes you feel horrible.”

A spokesman for the Board of Regents declined to comment because the legal case is still pending. But the board has argued in court papers that as a governmental body it is shielded from the lawsuit and that the plaintiffs have not pursued the board’s administrative appeals process. The students have repeatedly demonstrated at Board of Regents meetings and at some state universities.

The board also said it hasn’t been established whether the plaintiffs “meet the regulatory and statutory requirements of legal presence in the state of Georgia” to qualify for in-state tuition.

It’s unclear how many people are affected by Georgia’s approach. A University System survey found there were 501 “undocumented” students enrolled in its institutions in fall 2010. Nationwide, 521,815 people have been approved for the Deferred Action for Childhood Arrivals program since it started. Of those, 16,302 are Georgians.

The program applies to immigrants who were illegally brought here as children and attended school here and haven’t been convicted of felonies. Those accepted into the program are granted renewable two-year deportation deferrals and federal work permits.

Nineteen states have laws or policies allowing people who meet certain criteria to pay in-state tuition rates, regardless of their legal status, according to the Los Angeles-based National Immigration Law Center, an immigrant-rights organization.

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By Janel Davis and Jeremy Redmon
The Atlanta Journal-Constitution

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