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

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

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Non-citizen college students who are beneficiaries of the federal Deferred Action for Childhood Arrivals program “DACA” brought an 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 were entitled to in-state tuition at institutions 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. We agree and affirm. Accordingly, we do not reach the merits of the action.

“We review de novo a trial court’s ruling on a motion to dismiss based on sovereign immunity grounds, which is a matter of law. Factual findings are sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” Board of Regents c. of Georgia v. Canas, 295 Ga. App. 505, 509 3 672 SE2d 47 2009 citation and punctuation omitted.

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