I wanted to give you all an update of the in-state tuition case. It became clear throughout the day, as I received email after email from qualified DACA recipients around that state, that the Board of Regents has no immediate intention to comply with the Judge’s Final Order granting in-state tuition, and they have not updated the individual schools on the lack of an automatic stay in this case. This has saddened me greatly, and has also forced us to move forward with our case in a way I did not imagine it going.
We have also not yet received a decision on either of the Board of Regents motions for “supersedeas” (the stay of the court’s order in this case–putting the case on hold). We have consistently argued to the Board that there is no 10 day period of automatic stay, there is clearly no automatic stay because they are appealing, and either way, 10 days have run since the Court’s order on December 30, 2016.
Because our clients and other DACA recipients are being irreparably harmed by their inability to pay in-state tuition, if necessary, we intend to file with the Court an Emergency Motion for Contempt, asking the Judge in this case to hold the individual members of the Board of Regents in contempt of court for their failure to obey her mandamus order. I do not know when this case will actually be filed or heard, and it will become moot should one of the Supersedeas motions be granted.
I cannot tell you when the Court will hear the case, or what outcome we will have. As for now the Board of Regents is not accepting in-state tution payments. That does not mean you should stop trying. But it does mean we will not stop fighting for you. There are many people fighting for your right to go to school and receive your education. You need to keep fighting too!
If you have questions,feel free to email me at ckuck@immigration.net
