Filed Date: June 25, 2013
Closed Date: Nov. 6, 2018
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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.
Summary Authors
Daniele de Oliveira Nunes (3/31/2019)
Bales, W. Scott (Arizona)
Jones, Kenton D (Arizona)
Ray, Kevin D. (Arizona)
Adams, Lynne Christensen (Arizona)
Fidell, Eugene R. (District of Columbia)
Bales, W. Scott (Arizona)
Jones, Kenton D (Arizona)
Last updated Aug. 30, 2023, 2:45 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Arizona
Case Type(s):
Key Dates
Filing Date: June 25, 2013
Closing Date: Nov. 6, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The State of Arizona
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Maricopa County Community College District Board (Maricopa), School District
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General:
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Discrimination-basis:
National origin discrimination
Type of Facility:
Immigration/Border:
DACA (Deferred Action for Childhood Arrivals)