Arizona’s Proposition 300 included IIRIRA’s provision prohibiting in-state tuition for undocumented students. Voters in the state passed the measure in 2006.
Arizona Supreme Court will release further explanation of its ruling
In 2012, Pres. Barack Obama ordered the implementation of DACA to protect Dreamers from deportation. The Congress authorized the Department of Homeland Security (DHS) to issue work permits to DACA recipients.
The MCCD used the Arizona Revised Statutes § 1-502(7) as basis for granting in-state tuition to Dreamers. The state’s Attorney General filed a lawsuit against MCCCD challenging its argument.
In 2015, a Maricopa County Superior Court ruled that DACA recipients are lawfully present in the United States, and are eligible to receive in-state tuition. The state government appealed the ruling. The Court of Appeals reversed the ruling of the lower court and remanded to the state Supreme Court last year.
According to the Arizona Supreme Court, on May 14, it will release a written opinion on May 14 further explaining its ruling on the matter.
