Arizona targeted by Justice Department for letting noncitizens benefit from in-state tuition

The federal government added Arizona to the list of states being targeted for allowing noncitizens to pay in-state tuition at public colleges.

The Department of Justice filed lawsuits Thursday challenging in-state tuition laws in Arizona, New Mexico, Oregon and Washington.

“As of today, we have now sued 21 states who we allege were thwarting Congress’ clear prohibition on placing aliens over citizens. Our efforts will not cease until President [Donald] Trump’s promise is fulfilled: Illegal aliens will not receive benefits denied to American citizens,” Associate Attorney General Stanley E. Woodward Jr. said in a news release.

The federal lawsuit against Arizona argues that allowing noncitizens to receive benefits that citizens who live outside the state can’t receive violates federal law.

“This is a simple matter of federal law: colleges cannot provide benefits to illegal aliens that they do not provide to U.S. citizens,” Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division said in the release. “This Department of Justice will not tolerate American students being treated like second-class citizens in their own country.”

The Arizona Attorney General’s Office issued the following statement countering that argument:

The Attorney General issued an opinion last year that shows why the federal government’s complaint rests on a faulty premise. Proposition 308, as written and approved by Arizona voters, doesn’t condition eligibility on residence, which is what the government alleges. It conditions eligibility on whether a student attended and graduated from an Arizona high school (or homeschool equivalent). That’s the standard the voters wrote into law — tied to where a student attended school and where they graduated, not their residency. As such, it falls outside the scope of 8 U.S.C. § 1623 and is consistent with federal law.

GOP-led Legislature referred Arizona’s in-state tuition law to ballot

In 2022, Arizona voters passed a ballot initiative known as Proposition 308 to make people without lawful immigration status eligible for in-state tuition if they had attended high school in the state for at least two years when they graduated. The measure also made noncitizens eligible for state-funded financial aid.

The Republican-led Legislature referred Prop 308 to the ballot with bipartisan support in 2021, and voters approved it 51.2% to 48.8% the following November.

In-state tuition rates are considerably lower than the enrollment cost for students from outside Arizona. For example, Arizona State University’s average first-year tuition is $14,814 for residents, and $39,262 for students from out of state.

American Immigration Council researchers projected that more than 3,600 Arizona high school graduates would be able to attend public universities and community colleges with in-state tuition rates, although it is not clear how many people have benefited from the law.

The Arizona Board of Regents, which oversees the state’s three public universities, said in a statement it is “reviewing the lawsuit and will work closely with Arizona leaders on the appropriate next steps.”

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