One of the most liberal judges on the Fulton County Superior Court bench ruled this week that undocumented students temporarily allowed to stay by the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program meet the definition of “lawful presence.” That allowed Judge Gail Tusan to say they are therefore entitled to pay in-state tuition at Georgia’s public colleges.

The Board of Regents of the University System of Georgia has been following current state law by banning illegals from top universities and having them pay out-of-state tuition at other colleges in the system. (The current case is brought by various DACA recipients filing suit against the Regents for the ability to pay in-state tuition.) So the Regents are appealing the Tusan decision. 

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