I put this together Sunday and sent it to the Georgia AG, Phil Kent, a legislator and several other places. Instate tuition November 27, 2016 dak

1) DACA recipients are denied Obamacare by the feds. They are also not liable for the “no health insurance” penalty. This was a result of an interpretation of “lawfully present” by a federal agency.

Q: If a fed agency can make its own determination on benefits to DACA beneficiaries, why should state entities be denied that same avenue?

“Lawfully Present” Individuals Eligible under the Affordable Care Act
Last revised JULY 2016

“On August 30, 2012, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule excluding individuals granted deferred action under the “Deferred Action for Childhood Arrivals” (DACA) policy from the “lawfully present” definition, for purposes of PCIP eligibility.[8] This policy, in effect, excludes this subgroup from eligibility for the health insurance exchanges and the premium tax credits. Individuals granted deferred action based on other administrative policies remain eligible as “lawfully present.” https://www.nilc.org/issues/health-care/lawfullypresent/ and many other sources.

2) DACA students are not eligible for federal student aid/Pell Grants.

“If I have been granted Deferred Action for Childhood Arrivals (DACA), am I eligible for federal student aid?
Undocumented students, including DACA recipients, are not eligible for federal student aid, but you may still be eligible for state or college aid, in addition to private scholarships. Check with your college or career school’s financial aid office for more information.” https://studentaid.ed.gov/sa/eligibility/non-us-citizens#daca-eligibility

Q: Since instate tuition is treated as a public benefit because it is state “aid” – why should the Regents not have the same ability to decide on their interpretation of “lawfully present” regarding state aid to DACA recipients?

3) State law passed in 2008 refers to Title IV regulations when determining eligibility for non-citizens access to instate tuition. Please see page 3, SB 492 AP lines 11 -16. (OCGA 20-3-66) As is illustrated above, that does not include DACA or anyone in illegal status. DHS/USCIS makes it clear on deferred action on deportation: “Deferred action does not provide lawful status.”

Georgia Residency Requirements For State Programs at Private Instiutions
504.2. Ineligible Non-Citizens. “A student does not meet the citizenship requirements, for purposes of the State Programs, if he or she holds an F1 or F2 student visa, a J1 or J2 exchange visitor visa, a G series visa, or any other classification not included in the definition of an Eligible Non-Citizen in the Federal Title IV Regulations.”

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Added * Jan 2017

In original version of HB 87 (2011), Ga. AG office was originally assigned the responsibility of creating a list of Public Benefits . That language was out in 2013 SB 160 (?). But the part of that list (HERE) that defined “Public Benefits” for post secondary education essentially, it says that attendance is a Public Benefit resreved for ‘lawful precense’ aliens that must pay out of state tuition.

*Please let me know if you come to different conclusion?

Public post secondary education shall be considered a public benefit unless with respect to students whose lawful presence is not verified all of the following criteria are met:

The Board of Regents certifies that an unverified student is paying out-of-state tuition and that said tuition completely offsets the cost incurred by the Board to provide that education; and
The Board of Regents certifies that in those institutions that admit students on a competitive basis no legal resident applicants were denied admission as a result of the admission of the unverified student; and

The Board of Regents certifies that neither the unverified student nor his or her family receives any payments or assistance from either a federal, state or local agency or from federal, state or local appropriated funds in connection with the student’s education.