Georgia’s highest court won’t hear a case having to do with whether certain immigrants with temporary permission to stay in the U.S. should be eligible for in-state tuition at state colleges and universities.

The Georgia university system requires verification of “lawful presence” in the U.S. for in-state tuition. The Board of Regents has said students with temporary permission to stay under a 2012 program known as Deferred Action for Childhood Arrivals, or DACA, don’t qualify.

The Georgia Court of Appeals in October reversed a lower court ruling saying they should be able to pay in-state tuition if they otherwise qualify. The immigrants appealed to the Georgia Supreme Court, which declined Monday to take the case.

Charles Kuck, a lawyer for the immigrants, said he’s disappointed but vowed to keep fighting.

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