Denial of in-state tuition for certain immigrants challenged
ATLANTA (AP) — Immigrant rights attorneys are challenging the Georgia university system policy of denying in-state tuition to students brought to the country illegally as children but who have been granted temporary permission to stay.
The Mexican American Legal Defense and Educational Fund filed a federal lawsuit Wednesday on behalf of two immigrant college students who graduated from Georgia high schools and live in the state but are required to pay out-of-state tuition.
The lawsuit says the policy is pre-empted by federal immigration law and therefore violates the supremacy clause of the U.S. Constitution. The lawsuit says it also violates the Constitution's equal protection guarantee because it denies in-state tuition without a constitutionally valid justification.
A University System of Georgia spokesman declined to comment.