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Olvera v. University Sys. of GA's Bd. of Regents

Sovereign immunity barred the declaratory judgment action filed by non-U.S. citizen college students, who were beneficiaries of the federal Deferred Action for Childhood Arrivals program and sought a declaration that they were entitled to in-state tuition at institutions in the University System of Georgia.

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In this case, a group of college students, including Miguel Angel Martinez Olvera, who are not United States citizens and who are grant beneficiaries of the Deferred Action for Childhood Arrivals program DACA filed a declaratory judgment action against the University System of Georgia’s Board of Regents and its members in their official capacities collectively, the Board seeking a declaration that they are entitled to in-state tuition at schools in the University System of Georgia. The trial court granted the Board’s motion to dismiss on the ground that sovereign immunity bars the action, and the Court of Appeals affirmed the trial court. Olvera v. Univ. Sys. of Georgia’s Bd. of Regents, 331 Ga. App. 392 771 SE2d 91 2015. We affirm.

As set forth by the Court of Appeals,

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