Search Results for: appellate court

Texas Attorney General Ken Paxton on filed a new motion in the Fifth U.S. Circuit Court late last month asking the court to rule the latest version of Deferred Action for Childhood Arrivals unconstitutional and to end it all together. Eight other Republican controlled state joined the effort.

Georgia is not listed on the lawsuit.

The states that joined Texas’ bid to terminate DACA were Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi. They have argued that DACA is an illegal overreach of executive power, and that only Congress has the authority to grant unauthorized immigrants federal benefits

DACA has repeatedly been ruled illegal but allowed it to remain in place for existing DACA recipients.  

According to a 2019 11th circuit appellate court decision, DACA does not change the illegal status of recipients except to delay deportation proceedings. Both sides of the debate expect the DACA program to be euthanized altogether by the Supreme Court after another loss for supporters in an October 5, 2022, the Fifth Circuit Court of Appeals finding. The court upheld an earlier ruling in Texas that DACA is not a lawful program. 

• Related: Twenty GOP states are challenging Biden’s illegal border parole hustle in a Texas federal court – GA is not one of them
• Related: GOP-Led States Ask SCOTUS to Restore Prohibition on Encouraging Illegal Immigration – GA Stands Back, Again

Gov Kemp’s office phone number at the state Capitol is 404-656-1776.

 

 

Jennifer Lee should correct her agenda-driven inaccuracy

Now that yet another instate tuition for illegal aliens bill (HB 120) has been stopped in Georgia, when will the GBPI board post a correction and apologize to trusting state legislators for fake “facts” ?

FACT: “Illegal aliens who have been awarded deferred action on deportation proceedings through the DACA amnesty by both the Obama and Trump administrations are illegal aliens and do not have “lawful presence” says the 11th Circuit Court of Appeals. The decision was handed down March 6, 2019.”

Fast Fact: Appellate Court: Not lawfully present, illegal aliens with DACA are illegal aliens – Georgia issuing public benefits based on disputed status, D.A. King, on ImmigrationPoliticsGA.com, March 8, 2019

FICTION: “Estrada is one of about 21,600 undocumented young people who participate in the Deferred Action for Childhood Arrivals (DACA) program in Georgia. Through DACA, she is lawfully present in the U.S., but Georgia policy requires she pay out-of-state tuition rates three times higher than in-state tuition.”

 “Extending In-state Tuition to Dreamers Creates Opportunity for Georgia” – Jennifer Lee, Senior Policy Analyst for Higher Education, Georgia Budget and Policy Institute,  April 23, 2019

Newspaper continues to push rejected illegal alien-friendly legislation

The liberal AJC is still trying to sell the now all-but-dead HB 120 scam. The morning after Rep Kasey Carpenter’s “instate tuition” bill formally expired due to an absence of Rules Committee attention, AJC reporter Greg Bluestein lamented the GOP had lost a chance to win over more immigrants and Latino voters. A real mensch, Bluestein is always very concerned about the Republican’s well being.

In today’s ‘Capitol Recap’. AJC Premium Editor Jim Denery did a rerun of the Bluestein goop. Update: The AJC also printed the same “news” in the Sunday edition.

Neither of them seem to understand or care that Kasey Carpenter is a shameless huckster. Neither of them seem to understand simple immigration law and neither seem to be able to process news of federal court decisions reported in their own newspaper.

We have lost count of the number of news outlets that falsely reported that “DACA recipients” were the target of Carpenter’s first two versions of HB 120 on instate tuition and that “DACA” was part of the bill language. Triple dog dare: Show us the numbers of the lines that contain “DACA.”

The reality, easily verified by actually reading those bills, is that DACA was never mentioned in the language. We think the various reporters swallowed Carpenter’s carnival barker, verbal presentation of the bill without reading the legislation. Either that or as often happens with the agenda-driven Atlanta Journal Constitution, staff and management were in on the hustle.

This writer pointed this “DACA” discrepancy out to House legislators in committee.

So did a retired federal immigration agent in a letter to legislators.

I also pointed out that the liberal AJC has reported the 11^th circuit appellate court has ruled that illegal aliens with DACA are illegal aliens. How much “lawful presence” do they have? Zero.

Carpenter finally did actually insert “DACA” language into his Orwellian, ‘Hail Mary’ latest version. In addition to the existing instate and out-of-state tuition fees, he also invented a new proposed tier of tuition rates: “Opportunity Tuition” – for illegal aliens who would be known as “Opportunity Students.”

It wasn’t “instate tuition” at all. Carpenter should feel cheated. He concocted this goofy Newspeak wording but the AJC ignored his work.

Americans and legal immigrants from most other states would not be allowed to pay the lower “Opportunity Tuition” rates. Only illegal aliens who landed in Georgia before 2013 (*or who move in with parents who say they were here in 2013) could get that special deal. At least until the next time these liberals couldn’t bear the “unfairness” of borders and immigration laws. Then it would be back to the Gold Dome to change that 2013 date to 2021 or whatever year they decided represented “justice.”

Georgia is home to more illegal aliens than green card holders according to the anti-enforcement Georgia Budget and Policy Institute.

The danger to pro-enforcement Georgians of the AJC’s constant hard sell is that most Georgia legislators know more about Martian trigonometry than they do about immigration. In large part we blame this on reading and believing the AJC.

I left a voicemail for Denery late Friday afternoon. I don’t expect a return call and I don’t expect the AJC correction I asked his editors to run.

We created factual info (but with verification) on HB 120 here and here and here and here .

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Updated 11:42 March 13 – corrected title on editor Jim Denery.

Updated 10:15 AM March 14 – addition of info on GBPI.

*Updated 6:04 PM March 14 – added detail of illegal aliens moving in with parents.

“A 2019 11th Circuit Appellate Court decision ruled that DACA does not provide lawful status and denied a group of DACA recipient’s lawsuit demand for admission to the three public-funded public Georgia universities that do not allow illegal aliens to attend at any tuition rate.”

Rep. Kasey Carpenter revolts against local GOP to defend his in-state tuition bill for DACA recipientFebruary 2, 2021

by Brian K. Pritchard

FetchYourNews.com

Dalton’s Republican state Rep. Kasey Carpenter (R-Dalton) denounced his home GOP on the House floor in defense of his legislation (HB 120) to grant illegal aliens in-state tuition rates. The bill would allow undocumented international students living in Georgia to pay less tuition than Americans and legal immigrants from most other states in Georgia’s public universities and the technical college system.

“As far as DACA recipients receiving in-state tuition rates, These individuals are here thru no fault of their own. They are or will be taxpayers in the state of Georgia. I am interested in creating more givers than takers to our economy. Affordable College education is a step in that direction. The state pays the same rate whether that student pays in-state or out-of-state tuition. It is the university or college that takes the hit. Many take that hit on students from surrounding states. The federal government has failed America in regard to immigration. Unfortunately, we have to come up with the best solutions with the situation we have been handed. Making lemonade out of lemons,” Carpenter told FYN.

For the academic year 2019-2020, the average tuition & fees for Colleges in Georgia is $4,721 for in-state and $16,879 for out-of-state, according to collegetuitioncompare.com.

Last week Rep Carpenter made a short speech to the Georgia House blasting his bill’s opponents, lamenting the period in history when the U.S. had “a show-up” immigration policy, verbally merged ‘immigrants’ with illegals – and with an audible groan from an off-camera House member, cited the biblical story of Joseph and his family in ancient Egypt to defend his tuition legislation.

The now growing controversy began when the Whitfield Republican Party sent out an email opposing the legislation shortly after its introduction. The email read, “Carpenter is renewing his attempts to make Georgia a magnet for a new wave of illegal.” Rep Carpenter responded with a Facebook post saying his tuition bill was crafted for DACA recipients and would “only apply to individuals considered lawfully present in Georgia as of 2013, aka DACA.”

Carpenter had the following to say about Whitfield GOP, “My problem with our local GOP is they sent out miss information about this bill without even calling beforehand. Sometimes local parties have individuals involved with their own agenda. It doesn’t speak to the entire party but A select few.”

A 2019 11th Circuit Appellate Court decision ruled that DACA does not provide lawful status and denied a group of DACA recipient’s lawsuit demand for admission to the three public-funded public Georgia universities that do not allow illegal aliens to attend at any tuition rate.

DACA is a 2012 executive amnesty program put in place by then-President Barack Obama that grants deferred action on deportation along with a work permit and Social Security Number to illegal aliens. Georgia issues driver’s licenses and official state ID Cards to DACA recipients as well as other “public benefits.”… There is more here from FYN.com

Image: A.F. Branco – In 2016 three Georgia residents, all illegal aliens who had graduated from Georgia high schools, went to court with the contention that their deferred action on deportation status as DACA recipients somehow provided “lawful presence” in the U.S. Further, they said DACA should allow them to attend the universities the Board of Regents has placed off limits to illegal aliens.

The 11th Circuit Court of Appeals ruled against them in 2019. On page 26 of the March 2019 11th Circuit opinion the court wrote: “As explained above, appellants are not lawfully present in the United States.”

The court noted the obvious (even the liberal AJC reported it): illegal alien students are still subject to deportation proceedings. “As DACA recipients, they simply were given  a reprieve from potential removal; that does not mean they are in any way ‘lawfully present under the (INA) act.”

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Updated: Typos corrected 5:32 PM 28 January, 2021.  **Updated 9:15 AM 29 January, 2021 with note on lack of criminal restrictions for eligibility.

UPDATE FEB 19, 8:47 PM – THERE IS NOW A SUBSTITUTE BILL (LC 49 0393S) WITH A SLIGHT CHANGE IN LANGUAGE DESIGNED TO CREATE FAKE NEWS. IT IS WORKING. MORE SUNDAY.

Instate tuition for illegal aliens in Georgia – House Bill 120 sponsored by Republican Rep Kasey Carpenter of Dalton

 Carpenter has three Republican co-signers and five Democrat co-signers. Without ever using “DACA,” the hoped-for contention is that DACA provides “lawful presence.” It doesn’t.

See bottom for a list and contact info of cosponsors.

Rep Kasey Carpenter’s legislation, HB 120, would change Georgia law to allow illegal aliens to access instate tuition rates in Georgia’s public university and technical college systems. Three schools would be exempt because they do not admit illegal aliens at any tuition rate.

These instate rates are much lower than out-of state tuition (what non-residents pay). For academic year 2019-2020, the average tuition & fees for Colleges in Georgia is $4,721 for in-state and $16,879 for out-of-state.

This would mean illegal aliens would pay a lower rate than Americans and legal immigrants from Michigan or Nebraska (for example).

The bill is being promoted in the liberal AJC in a way that makes it sound like it would only apply to illegal aliens with Obama’s illegal DACA action. Here is a quote from an AJC article before the bill officially dropped:

“ (Rep Kasey) Carpenter said his bill would apply to participants in the Deferred Action for Childhood Arrivals program, or DACA.”

The reality is that “DACA” is not mentioned anywhere in Carpenter’s state tuition amnesty bill. Carpenter, along with his far-left, Atlanta-area Democrat co-sponsors has structured the measure so that nearly any ‘youngish’ illegal alien living in Georgia, DACA or not, can pay much less tuition in Georgia taxpayer-funded post-secondary schools than Americans and legal immigrants from most other states *if they meet the bill’s guidelines. *(updated 3:19 PM, January 28, 2021)

Note: Read a well written explanation of what may happen to DACA in the near future from Regulatory Review.

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Requirements for instate tuition for illegal aliens in Carpenter’s bill:

* Student must have graduated from a Georgia High School or obtained a Georgia GED.

* Claim domicile in Georgia since January 1, 2013 or be a dependent “child” of a parent (including illegal alien parents) who claims Georgia domicile since January 1, 2013.

*  Be younger than 30 at time of initial application to a Georgia post-secondary school. This appears to mean the illegal alien who is older than 30 now could have applied in the past and been rejected but can use the date of that original application. (We have not done the math).

* Has not been issued a temporary (non-immigrant) visa to enter the U.S.A. by the federal government.

*The bill says student must be “lawfully present in this state” and present evidence of that status – and that the regents may not allow instate tuition to non-citizens who are not “lawfully present.”

All italics mine.

**UPDATE: January 29, 2021 – DACA has guidelines for eligibility regarding criminal records and convictions. In HB 120 we see no such limiting language. This bill is a separate, state level illegal alien tuition amnesty that should be rejected out of hand by responsible lawmakers.

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The term “lawful presence” (different from “legal status”) seems to be the rock Carpenter, his Democrat co-sponsors and his foreign labor backers are tying themselves to. Congress, and only congress, makes the determination of immigration status. According to a 2019 appellate court decision discussed further down, “lawful presence” is not defined anywhere in the Immigration and Nationality Act that regulates immigration. Illegal aliens with DACA for example, do not have “lawful presence.”

Carpenter says he is trying to educate more workers. In a pandemic. With high unemployment. A move that will lower wages for Americans if successful.

Carpenter and his Democrat co-sponsors seem to be trying hard to allow the state of Georgia to create its own amnesty for tuition rates. By using the “DACA” label in talking points, but leaving it out of the bill language, they could allow perhaps thousands more illegal aliens to obtain this immigration amnesty for special treatment on tuition than the 21,000 or so illegal aliens that actually currently have DACA status.

We expect the argument to be that illegal aliens with a Georgia drivers license can use it to demonstrate “lawful presence” in Georgia to pay less tuition than legal immigrants.

See bill here

FACTS:

 Associated Press: “Some illegal immigrants get licenses in Georgia.”

llegal aliens with deferred action on deportation (DACA or no DACA) can and do qualify for a Georgia drivers license because of federal law (REAL ID Act) – this special treatment applies to obtaining drivers licenses and official ID cards only.

The Georgia state senate passed a bill to end this insanity in 2017. All but one Republican voted in favor. The liberal AJC reported on it with “Georgia Senate passes measure aimed at immigrants without legal status.”

The House never allowed the bill to see a hearing and the bill died. We are forever grateful to former state Senator Josh McKoon for his courage and determination.

Carpenter and his Dem pals may be trying to use the drivers license as a way to get illegal aliens instate tuition. The effort seems to be to use the DACA amnesty as a way to confuse lawmakers and voters on Carpenter’s tuition amnesty bill, it should be noted that illegal aliens with DACA have already lost their case in federal court – twice – when they tried to claim “lawful presence.”

“Illegal aliens who have been awarded deferred action on deportation proceedings through the DACA amnesty by both the Obama and Trump administrations are illegal aliens and do not have “lawful presence” says the 11th Circuit Court of Appeals. The decision was handed down March 6, 2019.

The ruling was in response to a suit brought by several illegal aliens in Georgia who were challenging the Board of Regents policy that requires lawful presence for instate tuition purposes and admittance to some USG universities.

The Eleventh Circuit rejected all of the students’ claims. The court noted that  ““lawfully present” is not a stand alone immigration classification, and it is not defined anywhere in the (Immigration and Nationality) Act  *(opinion here).

We wrote it up here, with a link to the court’s opinion.

Georgia Attorney General, Chris Carr:

“We have continuously and clearly taken the position in ongoing legal cases that DACA does not confer legal status…” from the liberal WABE news.

The bill seems to depend largely on lawmaker’s ignorance of the issue and the slanted promotional and inaccurate headline coverage in the media.

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HB120

Sponsor: Rep Kasey Carpenter (R) Dalton

*Cosponsors

Rep Dale Washburn (R) Macon

Rep Mathew Gambrill (R) Cartersville

Rep Bee Nguyen (D) Atlanta

Rep Zulma Lopez (D) Atlanta

Rep Wes Cantrell (R) Woodstock

Rep Shea Roberts (D) Atlanta

Rep Angelika Kausche (D) Johns Creek

Rep Mathew Wilson (D) Brookhaven

Rep Sam Park (D) Lawrenceville (Added here Jan 11, 2022 after an update with House Clerk’s office. Thank you, Judy!)

*As per Clerk’s office 10:00 AM Jan 27, 2021 & Jan 11, 2022.