On Monday, the Arizona Supreme Court issued a unanimous ruling against the Maricopa Community College District (MCCCD) Board over whether Deferred Action for Childhood Arrivals (DACA) recipients can receive in-state tuition in Arizona. The justices affirmed a 2017 appeals court decision saying “existing federal and state law do not allow MCCCD to grant in-state tuition benefits to DACA recipients.”
The ruling reads:
On February 13, 2018, this Court granted review solely on the issue of whether DACA recipients, who are lawfully present in this country while they are participating in the DACA program are eligible for resident tuition. After receiving supplemental briefs, the court heard arguments and the case was submitted on April 2, 2018. At the court’s invitation MCCCD filed a post argument brief stating that “MCCCD’s Governing Board on February 27, 2018 adopted tuition rates for the 20 1819 school year which begins on July 1, 2018 and that student enrollment for summer and fall terms begin on March 5, 2018. In its post argument brief the State noted it had no basis to dispute this information.
On the issue of which review was granted, the court unanimously agrees with the court of appeals that existing federal and state law do not allow MCCCD to grant in-state tuition benefits to DACA recipients. The Court is issuing this decision order to afford MCCCD and it’s students, as well as the State notice of the courts holding without further delay and thus allow as much time as possible for planning by those affected.
Our decision is not intended to foreclose any measures taken by the State, in compliance with federal law, to extend resident tuition rates to high school students not lawfully residing here as other states have done so.
To date, however, Arizona has no similar law, and any such enactment may be subject to the Voter Protection Act.
The Court advised the parties that a written opinion further explaining the Court’s ruling is expected to be issued by May 14, 2018.