PHOENIX — Arizona Attorney General Mark Brnovich filed the opening brief for an appeal Wednesday against an May ruling that said young immigrants granted deferred deportation status by the Obama administration were eligible for in-state college tuition.
The appeal comes more than four months after Brnovich filed his notice of appeal in July, arguing a voter-led initiative from 2006 called Proposition 300 does not allow immigrants, also known as DREAMers, state benefits.
“Today’s appeal is not about immigration, it’s about the rule of law and enforcing Arizona’s voter protected statutes,” Brnovich said in a statement back in July.
May’s ruling by Maricopa County Superior Court Judge Arthur Anderson granted the Maricopa County Community College District the ability to offer DREAMers in-state tuition.
Days after, the Arizona Board of Regents cited Anderson’s ruling in their decision to offer DREAMers in-state tuition at any of the state’s three public universities: Arizona State University, University of Arizona and Northern Arizona University.
Anderson’s ruling said Proposition 300 doesn’t bar public benefits for immigrants lawfully in the U.S., and the federal government considers recipients of deferred action lawfully present. Thus, he said, they can get lower in-state tuition.
The ruling only applied to Maricopa County Community Colleges and did not set a statewide legal precedent, but an unsuccessful appeals court ruling could be cited statewide.
The Associated Press contributed to this report.
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