Immigrant Students Eligible for In-State Tuition, Rules Fulton County Judge

Chief Judge Gail S. Tusan.  Source:

( - Fulton County Judge Gail S. Tusan ruled in favor of providing Deferred Action for Childhood Arrivals (DACA) students with in-state tuition status on Tuesday Dec. 30.

Tusan of the Atlanta Judicial Circuit of Fulton County stated in the ruling that the Board of Regents is "hereby compelled to perform their duty in applying the federal definition of lawful presence as it relates to students who are DACA recipients and to grant them in-state tuition.

"This ruling came after local immigration attorney Charles Kuck and the plaintiffs in the lawsuit pointed out that DACA students are considered "lawfully present" under U.S. federal law. DACA students gained this status in 2012 as a part of President Obama's immigration policy.

Freedom University, an Atlanta-based organization that provides tuition-free college to undocumented students and a vocal opponent of the in-state tuition ban, called the ruling a "serious blow to the Board of Regents Policy."

In a Facebook post released by Freedom University, the organization said, "Freedom is a constant struggle, but with undocumented students leading the way, will win."


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