Georgia is one of several states that does not allow illegal immigrants the less expensive in-state college tuition, and it appears that it’s going to remain that way for now following a ruling by the Georgia Supreme Court Monday.
But the ruling is not solely based on the students’ immigration status. In an unanimous decision, the Court ruled that the University System of Georgia Board of Regents is covered by “sovereign immunity” and cannot be sued. However, following the ruling, an attorney for the 39 plaintiffs said he plans to take legal action against the individual members of the Board of Regents.
The justices wrote in their decision, “The sweep of sovereign immunity under the Georgia Constitution is broad. It provides: ‘Except as specifically provided in this paragraph, sovereign immunity extends to the state and all of its departments and agencies. The sovereign immunity of the state and its departments and agencies can only be waived by an act of the General Assembly.’”
The lawsuit had initially been dismissed by a Fulton County judge, citing sovereign immunity which shields the state and state agencies from being sued unless the General Assembly waives that protection. That decision had been upheld by the state Court of Appeals. The suit was originally filed following a 2010 policy change by the Board of Regents requiring all students who want to attend any university system institution be “lawfully present” in the country, and that any non-U.S. citizen seeking in-state tuition must be living in the state legally.
Twenty states offer in-state tuition to unauthorized immigrant students, 16 by state legislative action and four by state university systems. Sixteen state legislatures—California, Colorado, Connecticut, Florida, Illinois, Kansas, Maryland, Minnesota, Nebraska, New Jersey, New Mexico, New York, Oregon, Texas, Utah and Washington—enacted laws to allow in-state tuition benefits for certain unauthorized immigrant students.
Georgia joins Alabama, Arizona, Indiana, Missouri and South Carolina in states that don’t allow unauthorized immigrant students from taking advantage of in-state tuition benefits. In 2014, Tennessee and Florida enacted legislation that allows U.S. citizen students who are dependents of unauthorized immigrants to take advantage of in-state tuition.
