Estrada v. Becker, No. 17-12668 (11th Cir. 2019)Annotate this Case
Plaintiffs filed suit challenging a policy that the Georgia Board of Regents set requiring Georgia's three most selective colleges and universities to verify the "lawful presence" of all the students they admit. Plaintiffs, students who are otherwise qualified to attend these schools, are lawfully present in the country based on the Deferred Action for Childhood Arrivals (DACA) memorandum.
The Eleventh Circuit affirmed the district court's dismissal of the action, holding that the policy did not regulate immigration, was not field preempted, and was not conflict preempted. As to plaintiffs’ equal protection claim, the court declined to extend strict scrutiny and heightened scrutiny, holding that the policy was rationally related to the state's legitimate interest in responsibly investing state resources. In this case, the Regents could have decided to prioritize those students who are more likely to stay in Georgia after graduation, and the Regents might have decided that DACA recipients were less likely to do so because they are removable at any time. The court reasoned that it would be rational for the Regents to conclude that refugees, parolees, and asylees were more likely to stay in Georgia after graduation because they have more permanent ties to the United States than DACA recipients. Therefore, refugees, parolees, and asylees were not similarly situated to DACA recipients.