State ex rel. Attorney General v. Maricopa County Community College District BoardAnnotate this Case
Students granted deferred removal action by the United States Department of Homeland Security (DHS) under its Deferred Action for Childhood Arrivals (DACA) policy are not eligible for in-state college tuition in Arizona.
In 2013, the Arizona Attorney General filed this action seeking a determination that the Maricopa County Community College District Board’s (MCCCD) policy of accepting employment authorization documents (EADs) issued to DACA recipients by the DHS as evidence of residency for students to receive in-state tuition violated Arizona law. The Attorney General also sought an injunction prohibiting MCCCD from allowing DACA recipients to obtain the in-state tuition rates. Two DACA-recipient MCCCD students who receive in-state tuition intervened. The trial court granted summary judgment to MCCCD and the students, concluding that DACA recipients are “lawfully present” for purposes of eligibility for in-state tuition and are therefore eligible for in-state tuition benefits. The Supreme Court disagreed, holding that DACA recipients are not “lawfully present” for purposes of 8 U.S.C. 1623(a), which governs in-state tuition benefits, and therefore, DACA recipients are not eligible for in-state tuition.