CA11 on DACA, Georgia: Estrada v. Becker

Estrada v. Becker

"This case is about a Policy that the Georgia Board of Regents (“Regents”) set. The Policy requires Georgia’s three most selective colleges and universities to verify the “lawful presence” of all the students they admit. Under the Policy, applicants who received deferred action pursuant to the Deferred Action for Childhood Arrivals memorandum (“DACA Memo”) cannot attend Georgia’s selective schools. Appellants are students who are otherwise qualified to attend these schools, and they filed suit to challenge the Policy. At the heart of their suit is whether they are “lawfully present” in the United States. They say they are lawfully present based on the DACA Memo. Thus, appellants claim the Regents’ Policy is preempted by federal law, and they argue the Policy violates their equal protection rights. The District Court found that appellants are not lawfully present, and it dismissed the suit. After careful consideration of the record, and with the benefit of oral argument, we affirm the District Court’s decision."