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

By January 11, 2017No Comments

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.  
Charles Kuck

Managing Partner