DOJ Challenges Arizona's In-State Tuition Policy for Dreamers

Legal Action Against Arizona's In-State Tuition Benefits for Noncitizen Students

In a significant legal move, the U.S. Department of Justice (DOJ) has filed a lawsuit against Arizona, challenging the state's policy that allows noncitizen students—commonly known as "Dreamers"—to access in-state tuition rates at public colleges and universities. This lawsuit forms part of a broader initiative targeting similar policies across multiple states.

Enacted in 2022, Arizona's Proposition 308 enables students who lack citizenship status to qualify for in-state tuition if they have attended an Arizona high school for at least two years and earned their diploma. However, the DOJ contends that this measure discriminates against U.S. citizens who reside in other states, as it provides financial advantages to noncitizen students that are not available to all American citizens.

The DOJ’s legal argument is rooted in the assertion that Proposition 308 violates a federal law established in 1998, as well as a directive from former President Trump aimed at curtailing state policies that grant benefits to noncitizens while excluding out-of-state American citizens. Assistant Attorney General Garrett Greene indicated that similar actions have led to the invalidation of such policies in five states, highlighting a trend in the judicial response to these legal challenges.

The lawsuit not only targets the Arizona Board of Regents, which oversees tuition policies at the state's public universities but also seeks to declare Proposition 308 invalid. This challenge could have implications for community colleges such as those in Maricopa and Pima, where current financial aid policies are based on Arizona high school graduation rather than students' immigration status.

Despite the ongoing legal challenges, Aliento, the organization behind the Proposition, remains hopeful about the policy's future and continues to support Dreamers in their pursuit of education in Arizona.