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On Thursday, the Arizona Board of Regents held a special board meeting to announce it will continue to offer in-state tuition for eligible Deferred Action for Childhood Arrivals (DACA) students while the decision of the Arizona Court of Appeals regarding the State of Arizona v. Maricopa County Community College District is under review by the courts.
Until a decision is reached by the Arizona Supreme Court, the board will continue to provide in-state tuition to students in the country illegally who have DACA status.
In May, 2015, Maricopa County Superior Court ruled that a DACA recipient who presents an Employment Authorization Document and who meets Arizona law residency requirements was eligible for resident tuition. (State of Arizona v. Maricopa County Community College District).
At that time, in accordance with the law, DACA students with an EAD who met the statutory and policy requirements for residency were able to establish in-state residency for tuition purposes at Arizona’s public universities.
In 2015, the board enacted a new policy to provide non-resident tuition at 150 percent of base tuition for graduates of Arizona high schools.
Last December, the board sent a letter to then President-elect Donald Trump, citing the board’s concern for DACA students, requesting he and his administration work with Congress to design and provide relief for these students within the overall approach to immigration enforcement and reform.
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