Skip to main content

Wednesday Night Update on In-State Tuition for DACA Recipients in Georgia

More news today.  The most important is that Fulton County Superior Court Presiding Judge Gail S. Tusan denied the Board of Regents' request to stay (or not enforce) her order compelling the Board of Regents to give in-state tuition to DACA recipients while the case in on appeal.  That is great news.  But it is not all the news.

As all of know the Board of Regents has, to date, refused to obey the Court's order.  I believe the Order was effective as of December 30, 2016, when it was issued (even though we did not get it until January 3, 2017).  Board thinks they have until January 14 to comply with the order because of a Georgia law that allows 10 days from the date of a "judgment" before it goes into effect.  I don't believe that law applies because of the type of case we filed and won (it was equitable mandamus relief, not a judgment).

The Board of Regents has also, again, tonight asked the Georgia Court of Appeals to allow them to not follow Judge Tusan's order while the case is on appeal.  I have again responded, in an opposition to the Board of Regents, tonight as well.  Copies of the Motion and my opposition will be posted here tomorrow.  

Here is the plan going forward.  If the Board of Regents' request for a stay of Judge Tusan's order is not granted tomorrow, Thursday, January 11, 2017, we will file an Emergency Motion for Contempt with Judge Tusan on Thursday evening.  Under any interpretation of the law, there would be no legal excuse for the Board of Regents to not accept in-state tuition from qualified DACA recipients on Monday, January 16, 2016, unless the Court of Appeals grants them a stop of Judge Tusan's order.  

I know how frustrating it is that a state agency, like the Board of Regents, will not follow what is quite clearly now the law. Especially when they have, for so many years, hurt DACA recipients by intentionally misinterpreting the law when they were told in 2013 what the law was.  They no longer have an excuse.

If I have to force the Board of Regents to comply, I will do everything possible to ensure that any fees paid as out-of state tuition after December 30, 2016 are refunded to you.  I will do everything possible to ensure that you will be able to take the classes you want and need to take THIS semester, and I will do everything possible that your school helps you get caught in those classes if you were forced to not enroll because of cost.  

I have received your emails and messages.  I know what you are going through. 

Know this:  

There are people supporting YOU, rooting for YOU, and sacrificing for YOU.  Don't give up the fight, because we are not going to give up on you.  


Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…
Si usted es inmigrante (incluso un ciudadano de los EE.UU.), aquí hay 9 cosas que usted debe saber.

¿Es usted un ciudadano estadounidense naturalizado, residente legal permanente, titular de una visa o inmigrante indocumentado? Le recomendamos que tome los siguientes pasos para protegerse de nuestra versión actual de América.
Las últimas semanas hemos recordado a los inmigrantes, incluso a los ciudadanos estadounidenses naturalizados, que no nacieron en los Estados Unidos. Nuestra oficina ha recibido innumerables llamadas telefónicas, mensajes de correo electrónico y mensajes de medios sociales de personas preocupadas por el futuro de su familia en los Estados Unidos.
La mayoría de gente quiere saber qué puede hacer ahora para protegerse de lo que promete ser una ola de actividad anti-inmigración por parte del gobierno federal. La orden ejecutiva de Trump sobre la aplicación de la ley interior tiene algunas disposiciones que deberían hacer temblar a la mayoría de los estadounidenses. …

The DOJ Raised The Penalty Fee for Immigration Law Violations--Including Employer Sanctions

The Department of Justice announced an increase in fines for violations of the Immigration and Nationality Act, as the pertain to those sections that account for fraud, document abuse, and unfair immigration-related employment practices. While this is only an adjustment for inflation, it brings home the point that that poorly or incorrectly completing immigration forms, like the Form I-9, can lead to very costly fines from ICE and the Immigration Court. If you have any questions or concerns about I-9s in your company, please call the attorneys and Kuck Immigration Partners.  We have decades of experience representing employers in the ICE and DOL immigration investigations.  You can reach us at 404-816-8611 or at ckuck@Immigration.net.  




U.S.C. citation

Name/description

CFR citation DOJ penalty assessed after 8/1/2016 ($) 1 DOJ penalty assessed after 2/3/2017 ($) 2 8 U.S.C.     IRCA; Unfair immigration-related employment practices, document abuse (per individual discriminated against).     …