In a brief order Monday morning the Arizona Supreme Court ruled that it violates both state and federal law to offer those in the Deferred Action for Childhood Arrivals program the same tuition as paid by other state residents.
Arizona sued the Maricopa County Community District in 2013 for a policy granting DACA recipients in-state tuition. He said that does not run afoul of the 2006 voter-approved law at issue in the case before the Supreme Court which spells out that any person who is not a US citizen or "legal resident" or is "without lawful immigration status" is ineligible to be charged the same tuition at state colleges and universities available to residents.
The 7-0 ruling upheld an earlier decision in the Court of Appeals previous year that said DACA recipients, often called DREAMers, who have been granted "lawful status" but not "legal status" do not qualify to pay resident rates.
Hasson said more than 600 DACA students earned an associate's degree or a certificate from a Maricopa community college, and this ruling is a concern for the 2,000 DACA students now enrolled at their colleges.
The press conference was mostly focused on the stories of the DACA recipients rather than the next steps they're taking in the fight for in-state tuition.
According to the news site, residents of Arizona pay $86 per-credit-hour at Maricopa County Community Colleges, while non-residents pay $241.
Petra Falcon, executive director of Promise Arizona, said in a statement the ruling "basically declares that the future of thousands of Arizona Dreamers simply doesn't matter".
Bales said the high court's decision doesn't impede any action Arizona lawmakers may take to extend in-station tuition rates to undocumented students, although doing so may run afoul of a constitutional mandate barring the Legislature from undoing the will of voters.
A 2017 analysis by NASPA-Student Affairs Administrators in Higher Education, which also tracks tuition rates for DACA students, concluded 21 states have adopted in-state tuition policies.
"I was really sad and I was really depressed because I didn't think I was going to go to college", Yanez said.
It is that ruling the Supreme Court upheld on Monday. "The law provides that state-funded services and benefits, including in-state tuition and financial aid, can only be provided to individuals who have legal status".
In 2006, Arizona voters approved Proposition 300 with 71.4% of the vote. In the meantime, undocumented students will start to come to terms with what the ruling means for their education.
The state has been at the center of similar legal issues surrounding DACA. She said that when she heard about the verdict, she immediately thought of her younger brother, who is a sophomore at ASU.
Instituted by the Obama administration, it allows those who arrived in this country illegally as children to remain if they meet certain other conditions.
"This clarification does nothing to alter our steadfast commitment to making higher education a reality for all Arizona high school graduates, including those who have DACA status", Crow, the ASU president, said in a statement. As a result, President Barack Obama enacted the DACA program as an interim measure to give the same group of young people legal protection from deportation and an opportunity to work and study in the U.S.