Arizona court: DACA students not eligible for in-state tuition

PHOENIX — The Arizona Supreme Court unanimously voted that existing laws prohibit Maricopa County Community College District from granting in-state tuition benefits to DACA recipients, Attorney General Mark Brnovich announced Monday.

The court applied Proposition 300, a law passed in 2006, to this decision. It only allows those with legal status to receive state-funded services and benefits – including in-state tuition and financial aid.

Prop. 300 passed with 71.4 percent of the vote.

With Monday’s ruling, the Arizona Board of Education announced it will no longer offer in-state tuition to DACA students.

However, the students may still be eligible for the non-resident tuition rate for Arizona high school graduates.

This policy, established by ABOR in 2015, allows Arizona high school graduates – both DACA students and otherwise – to be eligible for tuition at 150 percent the cost of in-state undergraduate tuition, if the student physically attended an Arizona high school and is lawfully present in the state.

ABOR called Monday’s decision a “setback” for DACA students.

“The board has a strong interest in facilitating access to higher education for all students,” it said in a statement. “The board continues to hope that soon, a congressional enactment will establish the lawful status and presence of those who were brought to this country unlawfully as children and have remained here as law-abiding members of our communities.”

The 7-0 Arizona Supreme Court decision affirmed a 3-0 vote from the Court of Appeals.

Mary O’Grady, the attorney representing immigrant students, argued DACA gives students permission to be in the U.S. from the federal government, according to the Associated Press.

However, Arizona Assistant Attorney General Rusty D. Crandell said the state does not consider this a qualification for lower tuition, according to AP.

U.S. Rep. Ruben Gallego called upon Speaker of the House Paul Ryan to allow a vote on the DREAM Act.

“The Arizona Supreme Court decision issued today will slam the door on thousands of Arizona students who want nothing more than to pursue an education,” Gallego said in a press release. “This is a terrible blow to Arizona Dreamers who want nothing more than to pursue their american dreams.”

Brnovich released a statement saying he will enforce the decision.

“While people can disagree what the law should be, I hope we all can agree that the attorney general must enforce the law as it is, not as we want it to be,” he said. “As Attorney General, my duty is to uphold the law and the will of more than one million voters who passed Proposition 300 in 2006.”

The Associated Press contributed to this report.

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