By Staff Reporter |
Arizona is facing a lawsuit for its practice of providing in-state tuition to illegal aliens while denying those benefits to citizens in other states.
The Department of Justice (DOJ) announced its lawsuit against the state on Thursday.
Arizona voters narrowly approved in-state tuition for illegal aliens through the legislatively referred ballot measure, Proposition 308, in 2022. The proposition, heavily backed by progressive out-of-state dark money, also repealed a statute prohibiting illegal aliens from receiving state-funded financial aid.
“Prop. 308 constitutes blatant unequal treatment favoring illegal aliens over U.S. citizens. Worse, such preferential treatment is squarely prohibited and preempted by federal law[,]” stated the complaint. “Arizona law rewards an illegal alien with eligibility for in-state tuition, based on residency within Arizona, while explicitly denying eligibility for resident tuition rates to U.S. citizens who are not Arizona residents.”
According to a January report from the Arizona Center for Investigative Reporting, at least 720 illegal aliens have received in-state tuition at Arizona public universities and colleges since 2022. More than 400 of those illegal alien students attended Arizona State University.
Those totals may not be reflective of the whole, since only seven out of 22 schools were reportedly able to provide that data.
The DOJ estimated the total of illegal alien students represented $10.5 million in reduced tuition.
As cited by the DOJ, federal law prohibits states from giving post-secondary education benefits to illegal aliens while denying them to American citizens residing in other states.
“Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident,” states 8 U.S.C. § 1623(a).
The DOJ is also suing New Mexico, Oregon, and Washington for offering similar taxpayer-funded higher education to noncitizens. About half of the states in the union and the District of Columbia award in-state tuition rates to illegal aliens.
These lawsuits are the culmination of an effort directed by President Donald Trump last spring.
Last April, Trump issued an executive order calling on the four states to end in-state college tuition for illegal aliens and ordering the attorney general to take the actions necessary to ensure the end of those practices.
“The Attorney General, in consultation with the Secretary of Homeland Security and appropriate agency heads, shall identify and take appropriate action to stop the enforcement of State and local laws, regulations, policies, and practices favoring aliens over any groups of American citizens that are unlawful, preempted by Federal law, or otherwise unenforceable, including State laws that provide in-State higher education tuition to aliens but not to out-of-State American citizens that may violate 8 U.S.C. 1623 or that favor aliens in criminal charges or sentencing,” read the executive order.
Attorney General Kris Mayes, through spokesman Richie Taylor, said the DOJ’s interpretation of the law was flawed, echoing an opinion issued by her office last year.
“Proposition 308, as written and approved by Arizona voters, doesn’t condition eligibility on residence, which is what the government alleges,” stated Taylor. “It conditions eligibility on whether a student attended and graduated from an Arizona high school (or homeschool equivalent). That’s the standard the voters wrote into law — tied to where a student attended school and where they graduated, not their residency.”
Rep. Andy Biggs (AZ-05), the Republican nominee for governor, immediately expressed support last year for Trump’s executive order to end disparities in tuition benefits for in-state students
“President Trump is right — US citizens shouldn’t pay more for college tuition than illegal aliens,” said Biggs.
Gov. Katie Hobbs has supported and sought to expand eligibility for in-state tuition rates to illegal aliens. During her inaugural State of the State Address in 2023, the governor asked the Republican-led legislature to earmark $40 million in the budget to provide in-state tuition for illegal aliens.
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