By Hans A. von Spakovsky and Caleb Morrison
The Eleventh Circuit confirms: Universities don’t have to accept unauthorized immigrants, including DACA beneficiaries, as students.
. . . “ 'Lawful presence” is a classification that designates whether a person who is not a citizen is legally in the United States. It is a status enjoyed by green-card recipients, visa holders, and others.
"The plaintiffs in Estrada v. Becker claimed that DACA provides them with lawful presence, but the DACA memo explicitly states otherwise. It also says that it “confer[s] no substantive right, immigration status or pathway to citizenship.”
"Under federal immigration law, simply living in the United States for an extended period does not entitle one to lawfully present status — a fact usually overlooked by DACA advocates." . . .
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