Statement
April 9, 2018
FOR IMMEDIATE RELEASE

Contact : Sarah Harper, 602-229-2542, 602-402-1341 Sarah.K.Harper@azregents.edu
Julie Newberg, 602-2292534, 602-686-1803, Julie.Newberg@azregents.edu

Statement from ABOR Chair Bill Ridenour Regarding
Arizona Supreme Court Decision in MCCCD Case
Prohibiting In-State Tuition for DACA Students
With the Arizona Supreme Court decision today prohibiting Maricopa County Community College
District from granting in-state tuition to Deferred Action for Childhood Arrivals (DACA) students, the
Arizona Board of Regents, effective immediately, will no longer interpret its policies to offer in-state
tuition to DACA students.
Last June, the board announced that until a decision was reached by the Supreme Court in the State of
Arizona v. Maricopa County Community College District case, it would interpret its policies to allow
eligible DACA students to pay in-state tuition.
Without a doubt, the Arizona Supreme Court’s decision today is a setback for DACA students. The
Arizona Board of Regents has consistently called on Congress and President Trump to work together to
design and provide relief for these students within the overall approach to immigration enforcement
and reform.
The board has a strong interest in facilitating access to higher education for all students, within the
limits of applicable state and federal law. The board continues to hope that soon, a congressional
enactment will establish the lawful status and presence of those who were brought to this country
unlawfully as children and have remained here as law-abiding members of our communities. The board
recognizes and appreciates the efforts of the Arizona congressional delegation to provide students with
certainty regarding their immigration status.
Our universities will work with currently enrolled DACA students to help them understand the
implications for tuition. DACA students enrolling for summer or fall who are eligible can take advantage
of the board’s Non-Resident Tuition Rate for Arizona High School Graduates. Students who attended an
Arizona high school for at least three years, graduated from an Arizona high school and are lawfully
present in Arizona, but are not currently eligible for in-state tuition could be eligible for the non-resident
rate of 150 percent of resident undergraduate tuition.
Background information:
In May 2015, Maricopa County Superior Court ruled that a DACA recipient who presents an Employment
Authorization Document and who meets Arizona law residency requirements was eligible for resident
tuition. (State of Arizona v. Maricopa County Community College District).
At that time, in accordance with the law, DACA students with an EAD who met the statutory and policy
requirements for residency were able to establish in-state residency for tuition purposes at Arizona’s
public universities.
Arizona Board of Regents   2020 N. Central Avenue, Suite 230   Phœnix, AZ 85004 (602) 229-2500   AZRegents.edu

 In 2015, the board enacted a new policy to provide non-resident tuition at 150 percent of base tuition
for graduates of Arizona high schools who otherwise are not eligible for resident tuition. The rate is
open to all students, not just DACA students, who meet the eligibility requirements.
In December 2016, the board sent a letter to then President-elect Donald Trump, citing the board’s
concern for DACA students, requesting that he and his administration work with Congress to design and
provide relief for these students within the overall approach to immigration enforcement and reform.
Last September, following President Trump’s action to rescind the executive order that established the
DACA program, the board again sought the advocacy of Arizona’s congressional delegation, urging their
support of an immediate and practical solution for DACA students.

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Arizona Board of Regents   2020 N. Central Avenue, Suite 230   Phœnix, AZ 85004 (602) 229-2500   AZRegents.edu