The University System of Georgia is organizing four public forums where individuals can voice their opinions about whether state legislation passed last spring prevents non-documented immigrants from attending state colleges and universities at in-state tuition rates.

The Georgia Security and Immigration Compliance Act, or S.B. 529, goes into effect July 1, and university officials and local attorneys are discussing how the legislation will affect non-documented, college-age immigrants who have attended high school in the state.

The forums are scheduled for Tuesday, May 8, 10 a.m.-2 p.m. at Dalton State College in Dalton; Wednesday, May 9, 3-7 p.m. at Georgia Perimeter College in Clarkston; Friday, May 11, 10 a.m.-2 p.m. at the University of Georgia Conference Center in Tifton and Monday, May 14, 10 a.m.-2 p.m. at the Gainesville Civic Center in Gainesville.

S.B. 529 is considered a crackdown on non-documented immigrants’ ability to access public services, requiring “every agency or political subdivision of the state" to verify the lawful presence of anyone applying for benefits from the state of Georgia.

But in regard to post-secondary education, the legislation calls upon the Board of Regents to set forth policies that comply with all federal law on the matter.

And federal law, according to the Mexican American Legal Defense and Education Fund, does not prevent illegal immigrants from accessing in-state tuition fees.

“Our legal interpretation is that it is permissible,” said Judith Pichler, who works with the Atlanta office of MALDEF. “There are other states that have done this, and there is no Supreme Court decision on this issue,” Ms. Pichler said.

She cited 10 states including California, Kansas, New Mexico, Texas and Utah as having allowed long-time non-documented residents, and graduates of those states’ public school systems, to attend colleges or universities at in-state tuition prices.

In Georgia, tuition fees for non-residents or out-of-state students can be up to $16,000 more per year than for residents, depending on the post-secondary institution, and can deter some students from attending.

Since the legislation was passed last spring, the Board of Regents interpreted S.B. 529 to mean that non-documented residents would have to pay out-of-state fees to attend state colleges and universities, according to John Millsaps, spokesperson for the board.

The interpretation was no deviation for the board’s current policy, Mr. Millsaps told GlobalAtlanta, but it would prevent university presidents from granting out-of-state tuition waivers to illegal residents of the state. 

Currently, each university president in Georgia is allowed to issue up to 2 percent of his or her student body out-of-state tuition waivers. 

While the board does not keep statewide information on who has been issued such waivers, it is possible that non-documented residents have received them, said Mr. Millsaps.

“The ability for a president to use that waiver for an undocumented student would not be allowed moving forward,” he said, explaining the board’s policy if its interpretation of S.B. 529 does not change before July 1.

But if a sufficient argument is made during the upcoming public forums, the board might reconsider its position, Mr. Millsaps said.

“Certainly public comment can be used to inform the decision-making process,” he said.  “But the final policy will comply with the law.”