Georgia court: Immigrants can't sue state agency on tuition

Ethics

Georgia's highest court on Monday ruled against a group of young people who were brought to the U.S. illegally as children and wanted access to in-state tuition at the state's colleges and universities.

However, the court decision hinged not on their immigration status, but on whether they were legally allowed to sue the state.

The roughly three dozen young immigrants have temporary permission to stay in the U.S. under a 2012 Obama administration policy. Their lawsuit asked a judge to instruct the university system's Board of Regents to allow them to qualify for in-state tuition.

A Fulton County judge had dismissed the lawsuit, saying it was barred under the doctrine of sovereign immunity, which shields the state and state agencies from being sued unless the General Assembly waives that protection. The Georgia Supreme Court upheld the lower court ruling.

"It is settled that the Board is an agency of the State to which sovereign immunity applies," Justice Harold Melton wrote in the unanimous opinion.

The court is severely limiting the ability to challenge the actions of unelected state officials, Charles Kuck, the immigrants' lawyer, said in an emailed statement.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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