University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name State Of Arizona v. Maricopa County Community College District Board IM-AZ-0023
Docket / Court CV2013-009093 ( State Court )
State/Territory Arizona
Case Type(s) Immigration and/or the Border
Case Summary
In 2013, the State of Arizona filed this lawsuit against the Maricopa County Community College District Board. The State of Arizona sought declaratory and injunctive relief, arguing that federal and state law both prohibit granting in-state tuition to students based on state residency when they are ... read more >
In 2013, the State of Arizona filed this lawsuit against the Maricopa County Community College District Board. The State of Arizona sought declaratory and injunctive relief, arguing that federal and state law both prohibit granting in-state tuition to students based on state residency when they are not lawfully in the United States, therefore, the defendant could not allow DACA recipients to pay in-state tuition rates.

Two DACA recipients who paid in-state tuition intervened. The two students and the Maricopa County Community College District Board filed motions for summary judgment, which were granted by the trial court on May 6, 2015, under the argument that DACA recipients are "lawfully present" in the United States and thus eligible for in-state tuition benefits.

On June 20, 2017, the Court of Appeals of Arizona reversed the trial court's ruling and remanded with instructions to enter a judgment enjoining the Maricopa County Community College District Board from granting in-state tuition to DACA recipients. The Court of Appeals held that although DACA recipients could be considered "lawfully present" for the purpose of obtaining employment authorization documents, these documents did not automatically confer eligibility for in-state tuition, and Arizona's statutory scheme for education benefits did not demonstrate the opposite intent.

On May 1, 2018, the Supreme Court of Arizona issued an opinion stating that DACA recipients were not eligible for in-state tuition in Arizona, because Congress had not identified them as "lawfully present" for purposes of public benefits eligibility under federal law, and Arizona had not made in-state tuition available to all people regardless of residence. The Supreme Court remanded the case to the trial court
for proceedings consistent with the opinion, including the instructions to enter a judgment enjoining the Maricopa County Community College District Board from granting in-state tuition to DACA recipients. The district court issued this ruling on November 6, 2018. The case is now closed.

Daniele de Oliveira Nunes - 03/31/2019


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Issues and Causes of Action
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Issues
Benefit Source
DACA (Deferred Action for Childhood Arrivals)
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
National origin discrimination
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
Plaintiff Type
State Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) Maricopa County Community College District Board
Plaintiff Description The State of Arizona
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filed 06/25/2013
Case Closing Year 2018
Case Ongoing No
Court Docket(s)
State Trial Court
11/05/2018
CV2013-009093
IM-AZ-0023-9000.pdf | Detail
Source: State Court Website
General Documents
State Court of Appeals
06/20/2017
Opinion
IM-AZ-0023-0002.pdf | Detail
State Supreme Court
05/01/2018
Opinion
IM-AZ-0023-0001.pdf | Detail
show all people docs
Judges Bales, W. Scott Court not on record show/hide docs
IM-AZ-0023-0001 | IM-AZ-0023-9000
Jones, Kenton D Court not on record show/hide docs
IM-AZ-0023-0002
Plaintiff's Lawyers Ray, Kevin D. (Arizona) show/hide docs
IM-AZ-0023-9000
Defendant's Lawyers Adams, Lynne Christensen (Arizona) show/hide docs
IM-AZ-0023-9000
Other Lawyers Fidell, Eugene R. (District of Columbia) show/hide docs
IM-AZ-0023-9000

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