Case: Georgia Latino Alliance for Human Rights (GLAHR) v. Alford

1:16-cv-00757 | U.S. District Court for the Northern District of Georgia

Filed Date: March 9, 2016

Closed Date: March 28, 2019

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Case Summary

On March 9, 2016, the Georgia Latino Alliance for Human Rights (GLAHR) and students within the University System of Georgia filed this lawsuit in the U.S. District Court for the Northern District of Georgia. The plaintiffs sued the members of the Board of Regents for the University System of Georgia for denying in-state tuition to undocumented students who had received deferred immigration action under the Deferred Action for Childhood Arrivals (DACA) program. They argued that the students were lawful residents of Georgia and that, as such, the state had created an unconstitutional two-tiered residency classification system. Plaintiffs sought injunctive and monetary relief under 42 U.S.C. § 1983, claiming violations of the Supremacy Clause and the Fourteenth Amendment Equal Protection Clause.

The defendants moved to dismiss the complaint on April 7, 2016. They argued that GLAHR lacked standing; the plaintiff’s official capacity claims were barred by the Eleventh Amendment and not cognizable under 42 U.S.C. § 1983; plaintiffs had failed to state a claim upon which relief can be granted; and the defendants had qualified immunity. In response, the plaintiffs amended their complaint on April 21, 2016, adding both plaintiffs and defendants to the lawsuit and maintaining their original causes of action. They also filed a motion for a preliminary injunction on May 3, 2016, seeking enjoinment of the University System’s classification system that had been classifying deferred action recipients as not lawfully present. The plaintiffs alleged that this system was irreparably harming the educational opportunities and career prospects of the deferred action students. The defendants moved to dismiss the amended complaint two days later. Judge William C. O’Kelley heard oral arguments regarding the motion to dismiss on August 25, 2016.

On February 10, 2017, defendants motioned to stay proceedings given a parallel proceeding in Dean Alford v. Rigoberto Rivera Hernandez. In that case, plaintiffs brought suit in state court against the University System of Georgia Board of Regents, arguing their denial of in-state tuition to DACA recipients violated the Board of Regents’ own policies and state statutory law concerning residency status. As that case had moved to the Georgia Supreme Court, defendants argued proceedings in this case should be stayed pending the outcome of that case.

On February 16, 2017, Judge William C. O’Kelley granted defendant’s motion to stay proceedings and denied without prejudice the plaintiffs’ motion for preliminary injunction and the defendants’ motion to dismiss. He explained both the parallel litigation in Dean Alford v. Rigoberto Rivera Hernandez and President Trump’s stated opposition to the DACA program justified the stay.

Following the stay, the defendants filed a motion to dismiss the first amended complaint on May 1, 2017. The plaintiffs filed another motion for a preliminary injunction on May 31, 2017. Defendants responded in opposition on June 13, 2017.

Subsequent to Judge O’Kelley’s decision, the Trump Administration announced its decision to rescind the DACA program.

On March 28, 2018, the District Court dismissed without prejudice the defendants’ motion to dismiss and the plaintiffs’ motion for a preliminary injunction. The Court stayed the case pending a decision from the Eleventh Circuit in Estrada v. Becker. In Estrada, students qualified to attend Georgia’s selective schools challenged the Georgia Board of Regents’ policy requiring Georgia’s three most selective universities to verify the “lawful presence” of students admitted. Under the challenged policy, applicants with DACA could not attend schools that did not admit all academically qualified applicants for the two most recent years. The District Court in Estrada had dismissed plaintiffs’ challenges that the policy violated the Supremacy Clause and the Equal Protection Clause.

On March 6, 2019, the Eleventh Circuit issued its decision in Estrada and affirmed the District Court. 917 F.3d 1298. It found the policy did not violate the Supremacy Clause because it was not an unconstitutional regulation of immigration and the policy was not preempted. Regarding the Equal Protection claim, it agreed with the District Court that the students were not similarly situated to other noncitizens permitted to attend because unlike the other noncitizens the DACA recipients did not have lawful status. Following the decision in Estrada, Judge Richard W. Story issued an order to show cause on March 12, 2019, asking the plaintiffs to demonstrate why GLAHR v. Alford should not be dismissed. In response, the plaintiffs voluntarily dismissed the case. The case was closed on March 28, 2019.

	Document
1:16-cv-00757	Docket [PACER] Georgia Latino Alliance for Human Rights v. Alford	March 28, 2019	March 28, 2019 Docket
1 1:16-cv-00757	Complaint	March 9, 2016	March 9, 2016 Complaint
55 1:16-cv-00757	First Amended Complaint	April 21, 2016	April 21, 2016 Complaint
64 1:16-cv-00757	Plaintiffs' Motion For Preliminary Injunction	May 3, 2016	May 3, 2016 Pleading / Motion / Brief
94 1:16-cv-00757	Order	Feb. 16, 2017	Feb. 16, 2017 Order/Opinion
	Memorandum on Rescission of DACA No Court	Sept. 5, 2017	Sept. 5, 2017 Press Release
0:17-12668	Opinion of the Court Estrada v. Becker U.S. Court of Appeals for the Eleventh Circuit	March 6, 2019	March 6, 2019 Order/Opinion 917 F.3d 917
115 1:16-cv-00757	Order Georgia Latino Alliance for Human Rights v. Alford	March 12, 2019	March 12, 2019 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Karla Lopez, Georgia Latino Alliance for Human Rights, and Lorena Guillen. ( Filing fee $ 400 receipt number 113E-6333824.) (Attachments: # 1 Civil Cover Sheet)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 03/10/2016) 1 Civil Cover Sheet View on PACER	March 9, 2016	March 9, 2016 PACER
2	Electronic Summons Issued as to C. Dean Alford, Gregory F. Aloia, Jean Bartels, Mark P. Becker, Christopher Blake, Linda Bleicken, Robert G. Boehmer, W. Paul Bowers, David C. Bridges, Max Burns, Virginia Carson, Richard Carvajal, Cheryl Davenport Dozier, Arthur Dunning, Lori Durden, Larry R. Ellis, Donald Green, Rutledge A. Griffin, Jr, C. Thomas Hopkins, Jr, James M. Hull, Thomas J. "Tim" Hynes, Bonita Jacobs, Paul Jones, Donald M. Leebern, Jr, Chris Markwood, Kyle Marrero, Gary A. McGaha, Shawn McGee, Daniel S. Papp, Charles Patterson, Doreen Stiles Poitevint, Stas Preczewski, Neil L. Pruitt, Jr, Sachin Shailendra, E. Scott Smith, Cecil Staton, Kessel D. Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Margaret Venable, Thomas Rogers Wade, Larry Walker, Don L. Waters, Philip A. Wilheit, Sr. (Attachments: # 1 Summons Dean Alford, # 2 Summons C Thomas Hopkins Jr, # 3 Summons Don L Waters, # 4 Summons Donald M Leebern Jr, # 5 Summons Doreen Stiles Poitevint, # 6 Summons Dr Arthur N Dunning, # 7 Summons Dr Bonita Jacobs, # 8 Summons Dr Cecil Staton, # 9 Summons Dr Charles Patterson, # 10 Summons Dr Cheryl Davenport Dozier, # 11 Summons Dr Chris Markwood, # 12 Summons Dr Christopher Blake, # 13 Summons Dr. Daniel S Papp, # 14 Summons Dr David C Bridges, # 15 Summons Dr Donald Green, # 16 Summons Dr E Scott Smith, # 17 Summons Dr Gary A McGaha, # 18 Summons Dr Gregory F Aloia, # 19 Summons Dr Jean Bartels, # 20 Summons Dr Kyle Marrero, # 21 Summons Dr Linda Bleicken, # 22 Summons Dr Margaret Venable, # 23 Summons Dr Mark P Becker, # 24 Summons Dr Max Burns, # 25 Summons Dr Paul Jones, # 26 Summons Dr Richard Carvajal, # 27 Summons Dr Robert G Boehmer, # 28 Summons Dr Stas Preczewski, # 29 Summons Dr Thomas J Tim Hynes, # 30 Summons Dr Virginia Carson, # 31 Summons James M Hull, # 32 Summons Kessel D Stelling Jr, # 33 Summons Larry R Ellis, # 34 Summons Larry Walker, # 35 Summons Lori Durden, # 36 Summons Neil L Pruitt Jr, # 37 Summons Phillip A Wilheit Sr, # 38 Summons Richard L Tucker, # 39 Summons Rutledge A Griffin Jr, # 40 Summons Sachin Shailendra, # 41 Summons Shawn McGee, # 42 Summons Thomas Rogers Wade, # 43 Summons W Paul Powers)(bnw) (Entered: 03/10/2016) 1 Summons Dean Alford View on PACER 2 Summons C Thomas Hopkins Jr View on PACER 3 Summons Don L Waters View on PACER 4 Summons Donald M Leebern Jr View on PACER 5 Summons Doreen Stiles Poitevint View on PACER 6 Summons Dr Arthur N Dunning View on PACER 7 Summons Dr Bonita Jacobs View on PACER 8 Summons Dr Cecil Staton View on PACER 9 Summons Dr Charles Patterson View on PACER 10 Summons Dr Cheryl Davenport Dozier View on PACER 11 Summons Dr Chris Markwood View on PACER 12 Summons Dr Christopher Blake View on PACER 13 Summons Dr. Daniel S Papp View on PACER 14 Summons Dr David C Bridges View on PACER 15 Summons Dr Donald Green View on PACER 16 Summons Dr E Scott Smith View on PACER 17 Summons Dr Gary A McGaha View on PACER 18 Summons Dr Gregory F Aloia View on PACER 19 Summons Dr Jean Bartels View on PACER 20 Summons Dr Kyle Marrero View on PACER 21 Summons Dr Linda Bleicken View on PACER 22 Summons Dr Margaret Venable View on PACER 23 Summons Dr Mark P Becker View on PACER 24 Summons Dr Max Burns View on PACER 25 Summons Dr Paul Jones View on PACER 26 Summons Dr Richard Carvajal View on PACER 27 Summons Dr Robert G Boehmer View on PACER 28 Summons Dr Stas Preczewski View on PACER 29 Summons Dr Thomas J Tim Hynes View on PACER 30 Summons Dr Virginia Carson View on PACER 31 Summons James M Hull View on PACER 32 Summons Kessel D Stelling Jr View on PACER 33 Summons Larry R Ellis View on PACER 34 Summons Larry Walker View on PACER 35 Summons Lori Durden View on PACER 36 Summons Neil L Pruitt Jr View on PACER 37 Summons Phillip A Wilheit Sr View on PACER 38 Summons Richard L Tucker View on PACER 39 Summons Rutledge A Griffin Jr View on PACER 40 Summons Sachin Shailendra View on PACER 41 Summons Shawn McGee View on PACER 42 Summons Thomas Rogers Wade View on PACER 43 Summons W Paul Powers View on PACER	March 10, 2016	March 10, 2016 PACER
3	APPLICATION for Admission of Victor Viramontes Pro Hac Vice (Application fee $ 150, receipt number 113E-6344926) with Brief In Support by Georgia Latino Alliance for Human Rights, Lorena Guillen, Karla Lopez. (Horsley, Nathanael) (Entered: 03/15/2016)	March 15, 2016	March 15, 2016 PACER
4	APPLICATION for Admission of Sarah Schoettle Pro Hac Vice (Application fee $ 150, receipt number 113E-6345097)by Georgia Latino Alliance for Human Rights, Lorena Guillen, Karla Lopez. (Horsley, Nathanael) (Entered: 03/15/2016)	March 15, 2016	March 15, 2016 PACER
5	APPLICATION for Admission of Jorge Castillo Pro Hac Vice (Application fee $ 150, receipt number 113E-6345121)by Georgia Latino Alliance for Human Rights, Lorena Guillen, Karla Lopez. (Horsley, Nathanael) (Entered: 03/15/2016)	March 15, 2016	March 15, 2016 PACER
6	APPLICATION for Admission of Burth Lopez Pro Hac Vice (Application fee $ 150, receipt number 113E-6345130)by Georgia Latino Alliance for Human Rights, Lorena Guillen, Karla Lopez. (Horsley, Nathanael) (Entered: 03/15/2016)	March 15, 2016	March 15, 2016 PACER
7	Return of Service Executed by Georgia Latino Alliance for Human Rights. Donald Green served on 3/21/2016, answer due 4/11/2016. (Horsley, Nathanael) (Entered: 03/23/2016)	March 23, 2016	March 23, 2016 PACER
8	Return of Service Executed by Georgia Latino Alliance for Human Rights. Margaret Venable served on 3/17/2016, answer due 4/7/2016. (Horsley, Nathanael) (Entered: 03/23/2016)	March 23, 2016	March 23, 2016 PACER
9	Return of Service Executed by Georgia Latino Alliance for Human Rights. Christopher Blake served on 3/21/2016, answer due 4/11/2016. (Horsley, Nathanael) (Entered: 03/25/2016)	March 25, 2016	March 25, 2016 PACER
10	Return of Service Executed by Georgia Latino Alliance for Human Rights. Paul Jones served on 3/17/2016, answer due 4/7/2016. (Horsley, Nathanael) (Entered: 03/25/2016)	March 25, 2016	March 25, 2016 PACER
11	Return of Service Executed by Georgia Latino Alliance for Human Rights. Linda Bleicken served on 3/21/2016, answer due 4/11/2016. (Horsley, Nathanael) (Entered: 03/28/2016)	March 28, 2016	March 28, 2016 PACER
	Approval of Application for Admission Pro Hac Vice	March 29, 2016	March 29, 2016 PACER
	Approval of Application for Admission Pro Hac Vice	March 30, 2016	March 30, 2016 PACER
12	Return of Service Executed by Georgia Latino Alliance for Human Rights. Gary A. McGaha served on 3/23/2016, answer due 4/13/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
13	Return of Service Executed by Georgia Latino Alliance for Human Rights. Thomas J. "Tim" Hynes served on 3/23/2016, answer due 4/13/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
14	Return of Service Executed by Georgia Latino Alliance for Human Rights. Bonita Jacobs served on 3/24/2016, answer due 4/14/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
15	Return of Service Executed by Georgia Latino Alliance for Human Rights. Daniel S. Papp served on 3/24/2016, answer due 4/14/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
16	Return of Service Executed by Georgia Latino Alliance for Human Rights. Kyle Marrero served on 3/28/2016, answer due 4/18/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
17	Return of Service Executed by Georgia Latino Alliance for Human Rights. Stas Preczewski served on 3/28/2016, answer due 4/18/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
18	Return of Service Executed by Georgia Latino Alliance for Human Rights. Mark P. Becker served on 3/28/2016, answer due 4/18/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
19	Return of Service Executed by Georgia Latino Alliance for Human Rights. C. Dean Alford served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
20	Return of Service Executed by Georgia Latino Alliance for Human Rights. W. Paul Bowers served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
21	Return of Service Executed by Georgia Latino Alliance for Human Rights. Lori Durden served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
22	Return of Service Executed by Georgia Latino Alliance for Human Rights. Larry R. Ellis served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
23	Return of Service Executed by Georgia Latino Alliance for Human Rights. Rutledge A. Griffin, Jr served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
24	ORDER granting 6 Application for Admission Pro Hac Vice of Petitioner Burth Lopez. Signed by Judge William C. O'Kelley on 03/30/2016. (rsg) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
25	ORDER granting 4 Application for Admission Pro Hac Vice of Petitioner Sarah Schoettle. Signed by Judge William C. O'Kelley on 03/30/2016. (rsg) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
26	ORDER granting 5 Application for Admission of Jorge Castillo Pro Hac Vice. Signed by Judge William C. O'Kelley on 03/31/2016. (rsg) (Entered: 03/31/2016)	March 31, 2016	March 31, 2016 PACER
27	Return of Service Executed by Georgia Latino Alliance for Human Rights. C. Thomas Hopkins, Jr served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
28	Return of Service Executed by Georgia Latino Alliance for Human Rights. James M. Hull served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
29	Return of Service Executed by Georgia Latino Alliance for Human Rights. Donald M. Leebern, Jr served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
30	Return of Service Executed by Georgia Latino Alliance for Human Rights. Doreen Stiles Poitevint served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
31	Return of Service Executed by Georgia Latino Alliance for Human Rights. Neil L. Pruitt, Jr served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
32	Return of Service Executed by Georgia Latino Alliance for Human Rights. Sachin Shailendra served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
33	Return of Service Executed by Georgia Latino Alliance for Human Rights. E. Scott Smith served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
34	Return of Service Executed by Georgia Latino Alliance for Human Rights. Kessel D. Stelling, Jr served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
35	Return of Service Executed by Georgia Latino Alliance for Human Rights. Benjamin J. Tarbutton, III served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
36	Return of Service Executed by Georgia Latino Alliance for Human Rights. Richard L. Tucker served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
37	Return of Service Executed by Georgia Latino Alliance for Human Rights. Thomas Rogers Wade served on 3/22/2016, answer due 4/12/2016. (Horsley, Nathanael) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
38	ORDER granting THE 3 APPLICATION for Admission of Victor Viramontes Pro Hac Vice FOR Lorena Guillen, Georgia Latino Alliance for Human Rights, Karla Lopez. Signed by Judge William C. O'Kelley on 04/01/16. (sk) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER

Case: Georgia Latino Alliance for Human Rights (GLAHR) v. Alford

1:16-cv-00757 | U.S. District Court for the Northern District of Georgia

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