DACA News: Arizona Judge Rules DACA Recipients Can Pay In-State Tuition
A Maricopa County Superior Court judge in Arizona ruled in favor of DACA recipients, otherwise known as DREAMers, allowing them to receive in-state tuition.
Maricopa County Superior Court Judge Arthur Anderson ruled in favor of the Maricopa County Community College Board (MCCCB), which argued recipients of the Deferred Action for Childhood Arrivals (DACA) program should be granted tuition at the same price as other Arizona residents.
Judge Anderson ruled on Tuesday, May 5, that DACA recipients in Arizona should be allowed to pay in-state tuition prices, according to the Arizona Republic. The case began in 2012 when then-state Attorney General Tom Horne sued MCCCB for breaking a 2006 policy banning undocumented immigrants from receiving state benefits.
DREAMers living in Arizona would pay $325 per credit as opposed to $84, which other state residents paid.
However, Judge Anderson explained in his decision that, following President Obama's 2012 executive decision allowing DREAMers to stay legally in the country, Arizona's ban does not apply to them.
"Federal law, not state law, determines who is lawfully present in the U.S. ... The circumstance under which a person enters the U.S. does not determine that person's lawful presence here," he stated in his ruling.
In a joint statement provided to Latin Post, No More Deaths in Flagstaff, the Arizona DREAM Act Coalition, Scholarships A-Z, and the ASU Graduate & Professional Student Association praised Judge Anderson's decision.
"Today's decision makes things clear, DACA recipients have lawful presence and all Arizona higher education institutions not only have the authority, but the obligation to grant in-state tuition to all DACA recipients in Arizona," the statement read.
On May 6, in front of the Phoenix College library the group will hold a press conference and celebration. They will outline the next steps to implement the decision.
"DREAMer lead organizations and our allies have made this happen, we have put a face to this issue and will continue our commitment to see this decision fully implemented to its fullest extent," said Koriba Iribe, a member of the Arizona DREAM Act Coalition and DACA recipient.
The office of current Attorney General, Mark Brnovich, issued a statement to Latin Post explaining their stance on the matter.
"No one is more sympathetic to the cause of immigration than General Brnovich, but the law is the law. General Brnovich believes he has an obligation to respect the will of Arizona voters," said press secretary Kristen Keogh. "Our office is currently reviewing the decision and weighing all legal options including appeal."
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