If you haven’t guessed by now, one of my biggest pet peeves is illegal aliens demanding the same rights as legal and natural born US citizens. I’ll say it right up front that the only right illegal aliens have is the right to be deported back to their own country. I firmly believe in legal immigration. My father-in-law legally immigrated to the US from Barbados and legally earned his US citizenship. I have a number of friends who legally immigrated to the US from various countries and most of them have taken the legal path to citizenship.
Having shared my views up front, it galls me to report that illegals in Georgia are suing the state Board of Regents for the right to pay in-state tuition to attend colleges and universities in the state. In March of this year, the Court of Appeals of Georgia ruled on the case of Olvera et al. v. University System of Georgia’s Board of Regents. Their ruling reads in part:
“Non-citizen college students who are beneficiaries of the federal Deferred Action for Childhood Arrivals program (‘DACA’) brought an action against the University System of Georgia’s Board of Regents and its members in their official capacities (collectively, ‘the Board’) seeking a declaration that they were entitled to in-state tuition at institutions in the University System of Georgia. The trial court granted the Board’s motion to dismiss on the ground that sovereign immunity bars the action. We agree and affirm. Accordingly, we do not reach the merits of the action.”
“‘We review de novo a trial court’s ruling on a motion to dismiss based on sovereign immunity grounds, which is a matter of law. Factual findings are sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.’ Board of Regents & c. of Georgia v. Canas, 295 Ga.App. 505, 509(3) (672 S.E.2d 47) (2009) (citation and punctuation omitted)…”
“The trial court correctly treated the Board’s policies regarding non-citizen eligibility for in-state tuition as falling outside the waiver of sovereign immunity found in OCGA § 50–13–10. The students have not met their burden of showing that the policies at issue were agency rules adopted pursuant to the Administrative Procedure Act’s rule-making procedures and thus subject to OCGA § 50–13–10’s waiver, rather than ‘interpretive rules’exempt from OCGA § 50–13–10. See Carroll, 324 Ga.App. at 603(3) (plaintiff bears burden of proving waiver of sovereign immunity). Accordingly, the trial court did not err in finding that sovereign immunity barred the action. See Georgia Oilmen’s Assn., 261 Ga.App. at 401.”
The group of 39 illegals has taken their case to the Georgia Supreme Court who has already heard both sides of the argument. They are complaining that as illegals, they are unable to get grants or financial aid and having to pay out-of-state tuition makes getting a college education too expensive and difficult.
To begin with, Obama’s executive decision known as DACA is illegal and should be challenged in court as is his latest expansion of deferred deportation. Secondly, why should people who are here in the US illegally get preferential treatment over US citizens? Why should an illegal be allowed any benefits to an education here in the US when they have no legal right to be here in the first place? I’ve known college students who came to the US legally who still had to pay out-of-state tuition because they had not met the residency requirements, so why should illegals be allowed to any preferential treatment?
I hope the Georgia Supreme Court feels the same way and rules against the illegals. If they want to take advantage of the educational opportunities here in the US then let them go through proper legal immigration channels to get them!