In August, three dozen illegal immigrants filed a lawsuit demanding a judge tell Georgia’s state university Board of Regents to give them in-state tuition. On Thursday, DeKalb County Superior Court Judge Mark Anthony Scott said he needs more information and time to decide on the case because of its complexity.
The group of young adults were brought to America illegally when they were children but received permission to stay under President Obama’s program Deferred Action for Childhood Arrivals (DACA). The university system requires lawful presence in the US, and the board said those under DACA do not meet the requirements.
But the Regents’ policy does not define “lawful presence,” the lawsuit says.
The program allows young people brought to the U.S. illegally as children to obtain work permits for two years if they meet certain requirements. The Department of Homeland Security considers people who have qualified for the program to be lawfully present, according to a fact sheet on the website of U.S. Citizenship and Immigration Services.
Scott asked both lawyers to submit more information within 60 days.