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 The proposition, heavily backed by progressive out-of-state dark money, also repealed a statute prohibiting illegal aliens from receiving state-funded financial aid.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.
Worth noting: The financial calculations used in this lawsuit misinterpret AZCIR's findings. The number of students reported was cumulative since the program began, up until the fall 2025 semester (not in a single semester) pic.twitter.com/2jBVgNR1fr
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.
President Trump is right – US citizens shouldn’t pay more for college tuition than illegal aliens.
I have supported legislation sponsored by @DrPaulGosar to clarify federal law and ensure illegal aliens don’t get benefits that Americans don’t.
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.
HAPPENING NOW – @GovernorHobbs is meeting with a group of young undocumented immigrants brought to Arizona as children. They’re sharing how the “Promise for Dreamers” program would benefit them. It would allocate $40 million for scholarships that would go to Dreamers. @KTAR923pic.twitter.com/iUKsSL8Qmc
Three criminal illegal aliens accused of sex offenses against children were arrested in Virginia in late July, including one who entered the United States through Arizona before being released into the country by the Biden administration, according to the U.S. Department of Homeland Security (DHS).
The arrests come less than two months after another criminal illegal alien who entered the United States through Arizona was also arrested in Virginia on charges involving alleged attempted abduction and indecent exposure.
All three suspects arrested in July are currently being held at the Middle River Regional Jail in Staunton, Virginia, where U.S. Immigration and Customs Enforcement (ICE) has lodged immigration detainers.
The three men are:
Efren Ramirez Escobedo, a Mexican national who was arrested on July 24 and charged with sexual assault involving a victim age 13-14 and sexual assault involving forcible intercourse. DHS says he illegally entered the United States at an unknown date and location.
Santos Bautista-Molina, a Honduran national who was arrested on July 27 and charged with nine counts of child solicitation and attempted sex offenses with a child under 15. DHS says he illegally entered the United States through Texas in September 2005.
Bayron Jose De Paz-Lopez, a Guatemalan national who was arrested on July 28 and charged with nine counts of child solicitation and attempted sex offense with a child under 15. DHS says De Paz-Lopez illegally entered the United States through Arizona in 2021 and was released into the country by the Biden administration.
Under Sanctuary Spanberger, Virginia has become the Commonwealth of Criminals.
ICE has lodged detainers for THREE illegal aliens who have all been arrested for sex crimes against CHILDREN in Staunton. @GovernorVA must cooperate with us and commit to NOT RELEASING these… https://t.co/OvmjLzLdJkpic.twitter.com/bkxrYmZiRh
On June 21, police in Annandale, Virginia, responded to reports that a man had exposed himself to a woman walking on a trail in a park. Police also received a report that a man had attempted to abduct a woman in the same park by stepping in front of her bicycle, forcing her to dismount, and attempting to drag her into the woods. The woman was able to escape.
Two days later, Fairfax County Police announced the arrest of Moises Domingo Rico Rosales, a Nicaraguan national. He was charged with abduction of a person with intent to defile and indecent exposure.
According to DHS, Rico Rosales had previously been arrested in 2024 on felony drug trafficking charges. ICE lodged an immigration detainer at the time, but Fairfax County officials did not honor the detainer and released him back into the community.
DHS says Rico Rosales had illegally entered the United States through Arizona in 2022, where he was arrested by U.S. Border Patrol. The Biden administration subsequently released him back into the country.
This illegal alien who EXPOSED HIS GENITALS to one woman and then tried to ABDUCT another was previously RELEASED by Fairfax County sanctuary politicians.
In the latest cases, ICE has lodged detainers for all three men arrested in July and is asking Virginia authorities to maintain custody of the suspects rather than release them.
“ICE has lodged detainers for three illegal aliens accused of sex crimes against children, all being held at the same jail in Staunton, Virginia,” stated DHS Secretary Markwayne Mullin. “DHS is calling on Governor Abigail Spanberger and her fellow sanctuary politicians to commit to not releasing these criminals from jail and to instead hand them over to ICE. Under Spanberger, the Commonwealth of Virginia has become a magnet for illegal alien crime. These reckless sanctuary policies are putting American lives at risk.”
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
Rep. Abe Hamadeh (R-AZ-08) reportedly assisted with the capture of three illegal aliens while tagging along on a border security sweep.
Hamadeh traded the suit and tie preferred on Capitol Hill for military fatigues during a ride-along with Border Patrol on Tuesday. The congressman thanked the Pinal County Sheriff’s Office for arranging his participation in their immigration enforcement work.
Great honor to join our brave law enforcement officers, state and federal, who are working together in securing our border. Today, we assisted Border Patrol in capturing three illegal aliens.
The Pinal County Attorney’s Office and Board of Supervisors have been sparring over the former’s decision to enter into an agreement assisting Immigrations and Customs Enforcement with deportations. The board sued the county attorney, Brad Miller, over the agreement.
The Pinal County Superior Court issued a temporary restraining order on that agreement in February prior to the case’s transferral to the Maricopa County Superior Court, where it remains pending.
As part of that court-ordered halt, Miller agreed to not engage with ICE beyond information sharing.
Separately, a federal court ruled last month in favor of state laws enabling state and local police to arrest illegal aliens for immigration violations. The case was decided by the Fifth Circuit Court of Appeals on the fate of a Texas law (Texas Senate Bill 4); the Biden administration initiated that lawsuit, but the Trump administration dropped it recently.
The court dismissed the case after determining that the one county and two civil rights groups that remained as the sole challengers to the Texas law lacked standing.
That appeals court decision gave the green light to the Arizona Border Security Act, or Proposition 314, which was passed by Arizona voters in 2024. Gov. Katie Hobbs attempted to terminate that legislation through veto, but a majority of Arizona voters proved to support the measure.
The Texas and Arizona laws, and others like them, will likely face challenges for the foreseeable future. Civil rights groups filed a lawsuit to stop the Texas law on Monday.
🚨 Huge news! The Arizona Border Security Act will go into effect!
The 5th Circuit just ruled that Texas SB 4 can finally take effect — giving state and local police the power to arrest illegal border crossers.
Arizona voters made their position crystal clear in 2024,…
A hearing is scheduled for May 15 at 9 am before Maricopa County Superior Court Judge Michael Gordon.
Southwest land border encounters have declined steeply since President Donald Trump took office. Border encounters went from all-time highs of several million per fiscal year (over 2.4 million in fiscal year 2023, and over 2.1 million in fiscal year 2024) to one-fourth previous totals (over 400,000 in fiscal year 2025).
At this point in the last fiscal year, southwest land border encounters were approximately 380,700. For this fiscal year, there have been just over 63,700 encounters: approximately one-sixth the total from the same point in time the last fiscal year.
U.S. Customs and Border Protection fiscal years run from October of the previous year to September of the current year (fiscal year 2026 runs from October 2025 to September 2026).
While Arizona’s Republican elected officials in Congress have offered their support for immigration enforcement, Democratic representatives have worked to slow or halt immigration enforcement.
Congresswomen Adelita Grijalva (D-AZ-07) and Yassamin Ansari (D-AZ-03) have both dedicated significant taxpayer resources to assisting illegal aliens and opposing ICE.
AZ Free News reported last week that nearly half of Grijalva’s press releases since taking office have concerned a defense of illegal aliens or opposition to ICE. Nearly one-third of her X posts since taking office were defenses of illegal aliens, demands to abolish ICE, or opposition to immigration enforcement. Three of her 14 non-recognition remarks on the congressional record were focused on opposing ICE and immigration enforcement.
Grijalva and Ansari, along with Rep. Greg Stanton (D-AZ-04) and Democratic Sens. Mark Kelly and Ruben Gallego, have made multiple trips to immigration detention centers, independently and as a group. The Democratic officials have referred to illegal aliens as their constituents.
Last week, Grijalva, Ansari, and Stanton introduced legislation to limit detention periods of illegal aliens to 12 hours.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
While Democratic elected officials invited illegal aliens to the State of the Union (SOU) on Tuesday, Republicans invited Americans victimized by illegal aliens.
The Department of Homeland Security (DHS) notified the public on social media that certain elected representatives were planning to bring illegal aliens as their guests.
“Democrats are once again prioritizing illegal aliens above the safety of American citizens,” stated DHS.
Sen. John Hickenlooper invited Caroline Dias Goncalves, an illegal alien brought illegally into the country as a child now residing on an expired visa; Rep. Seth Moulton invited Marcelo Gomes da Silva, another illegal alien brought illegally into the country as a child and residing on an expired visa; and Sen. Chuck Schumer brought the mother of a detained illegal alien, Dylan Josue Lopez Contreras.
We are not the same.
While Republicans are bringing victims of crimes committed by illegal criminal aliens to the State of the Union, some Democrats in Congress are planning to bring ILLEGAL ALIENS.
Democrats are once again prioritizing illegal aliens above the safety of… https://t.co/ikRZ0Vy5ZX
Ahead of the SOU, the Republican Study Committee (RSC) held a press conference addressing the consequences of softened immigration policies.
Rep. Abe Hamadeh opened the press conference to discuss his American Border Story Memorial Act (H.R. 6643), to establish a memorial in D.C. for victims of illegal alien crime.
“It seems like we’re forgetting about the people who have been victimized by illegal alien crime, and instead focusing on what the leftist media wants to focus on the news of the day,” said Hamadeh.
Also present was the American Border Story, which advocates for angel families: those who lost loved ones to crimes committed by illegal aliens. Nicole Kiprilov, executive director, supported Hamadeh’s bill to establish the memorial.
“We will never stop fighting until there isn’t a single family who doesn’t have to endure this devastating loss, ever again,” said Kipperlove.
🚨 LIVE NOW: RSC Press Conference – The Real Cost of Democrat Policies https://t.co/MbxJAS9uG5
Among those angel moms who spoke were Alaska resident Sandy Snodgrass, who lost her son Robert Bruce Snodgrass to fentanyl in 2021; California resident Agnes Gibboney, who lost her son Ronald de Silva to a shooting from a known illegal alien gang member in 2002; and Missouri resident Boni Driskill, who lost her daughter Lacy Marie Ferguson to a drive-by shooting committed by illegal aliens in 2003.
On Monday, President Donald Trump designated Feb. 22 as “Angel Family Day.” In attendance as guests of honor were families of those slain by illegal aliens.
“If you’ve lived the nightmare that we have lived, you understand the importance of the job that he is doing in securing our nation and fighting for our families,” said Riley.
Among Trump’s guests to the SOTU was Dalilah Coleman, a first-grader injured in a car accident caused by an illegal alien driving with a CDL. Trump encouraged Congress to pass the “Delilah Law,” to prohibit states from issuing CDLs to illegal aliens.
During the SOTU, Trump also brought up the 2023 murder of Texas teenager Lizbeth Medina. Medina’s killer, Rafael Romero, was an illegal alien. Medina’s mother, Jacqueline, was also in attendance at the SOTU.
“We’re getting [illegal aliens] the hell out of here fast, we don’t want ‘em,” said Trump. “The first duty of the American government is to protect American citizens, not illegal aliens.”
Trump announced that “zero” illegal aliens were admitted to the country in the last three months.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
Blademir Angulo Audeves, a Mexican national, was arrested on July 8th , 2025, and charged with Harboring of an Illegal Alien, Knowingly Employing Unauthorized Aliens, Improper Entry by an Alien, and Alien in Possession of a Firearm.
Angulo made his initial appearance in federal court on Friday, July 11th.
Homeland Security Investigations launched an investigation in March 2025 following allegations that Angulo was employing undocumented workers, without work authorization, at his taco restaurants in the Phoenix area.
The investigation revealed that at least 12 illegal aliens were working for Angulo, some of whom were residing at his home in Laveen, Arizona, or at a secondary residence on 16th Avenue.
On July 8th, Homeland Security executed federal search warrants at Angulo’s main residence, restaurant locations, and secondary residence.
Agents encountered several Mexican citizens without legal authorization to be in the United States at both residents, arresting them and Angulo.
During the search of his Laveen home, agents found three firearms along with hundreds of rounds of ammunition in the closet of the master bedroom.
Immigration records show Angulo was previously encountered in the U.S illegally in 2011 and voluntarily departed through Nogales, Arizona, in May of 2021.
At the time of his arrest, Angulo lacked legal permission to be in the U.S., prohibiting him from possessing firearms or ammunition.
At Angulo’s taco restaurants, Homeland Security also identified more Mexican citizens without legal authorization to be present or employed in the U.S.
Two individuals, Christian Sagaste-Garcia and Jose Luis Ambriz-Cortes, were encountered by Homeland Security on the same operation. They were both arrested and charged with Re-entry of a Removed Alien. They had been previously removed from the U.S. in October 2024 and February 2013, respectively.
This case is part of Operation Take Back America, a nationwide Department of Justice Initiative aimed at combating illegal immigration, dismantling cartels and transnational criminal organizations, and keeping our communities safe.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
