Immigrants who challenged in-state tuition policy win case

ATLANTA (AP) – A judge says the Georgia university system must allow immigrants to pay in-state tuition if they’ve been granted temporary permission by the federal government to stay in the U.S.

Georgia’s state colleges and universities require verification of “lawful presence” in the U.S. for in-state tuition. The Board of Regents had said students with temporary permission to stay under a 2012 program known as Deferred Action for Childhood Arrivals, or DACA, didn’t meet that requirement.

But the judge noted that the Department of Homeland Security website says a person who has received deferred action is considered lawfully present. The opinion issued Friday orders the university system to allow these students to pay in-state tuition.

A university system spokesman did not immediately have a comment Tuesday.

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