Elly Marisol Estrada, Et Alv.Mark Becker, Et Al
DACA recipients who were otherwise qualified to attend Georgia’s most selective public colleges challenged a Board of Regents policy requiring admitted students to verify lawful presence and excluding DACA recipients. The district court dismissed their federal challenge. The Eleventh Circuit affirmed. The court held that deferred action under the federal DACA policy did not confer lawful immigration status and therefore did not preempt Georgia’s admission policy. The policy’s distinction between DACA recipients and other noncitizens who had been lawfully admitted or given a statutory basis to remain was subject to rational-basis review. The Regents could rationally conclude that the policy preserved limited state educational resources for citizens and people whom Congress had affirmatively permitted to remain, and that eligible noncitizens had more permanent ties to Georgia. The plaintiffs therefore did not plead facts showing that the classification lacked a rational relationship to a legitimate state interest.
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