On Tuesday, the Arizona Court of Appeals found that immigrants, who were brought to the U.S. illegally by their parents, known as “Dreamers,” are not eligible for lower in-state college tuition. The three-judge panel overturned a ruling by a trial court judge in 2015, that found Dreamers with deferred action status were considered legally present in the U.S.
The trial court ruling was based on a false premise that people who had deferred action status through the Deferred Action for Childhood Arrivals program (DACA) were legally in the country under federal immigration laws. A legal status would then qualify them for state benefits including in-state tuition.
Presiding Judge Kenton Jones wrote for the panel that concluded “that DACA recipients are not automatically eligible for in-state tuition benefits, but rather must look to Arizona’s statutory provisions regarding alien eligibility for in-state tuition benefits.”
Proposition 300, passed by Arizona voters in 2006, prohibits public benefits for anyone living in Arizona without legal immigration status. With the panel’s ruling, Proposition 300 stands as the law of the land.
“Proposition 300 passed with over 70 percent of the vote, and it included eligibility standards for in-state tuition. I am sympathetic to all young adults looking to improve their lives, but as Attorney General my job is to defend the law and not second guess the will of Arizona voters,” said Arizona Attorney General Mark Brnovich after the ruling.