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 The proposition, heavily backed by progressive out-of-state dark money, also repealed a statute prohibiting illegal aliens from receiving state-funded financial aid.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
President Donald Trump issued an executive order on Monday ordering an end to in-state college tuition for aliens — the very policy endorsed by Republican gubernatorial candidate Karrin Taylor Robson.
Robson advocated for the passage of Proposition 308 in 2022: the proposition extending in-state tuition rates to illegal aliens protected from deportation by the Deferred Action for Childhood Arrivals (DACA) program, usually referred to as “Dreamers.”
Robson was featured in a commercial by “Yes on 308” advocating for Proposition 308’s passage. Robson argued Dreamers provided a fiscal benefit to the state.
“It will improve Arizona’s economy by keeping skilled workers here in Arizona – kids we’ve already invested in for years, with zero tax increase,” said Robson.
Robson also signed onto a letter alongside over 50 Arizona Republican leaders advocating for aliens as critical members of the workforce.
Proposition 308 passed narrowly thanks to millions in dark out-of-state funds.
Trump’s executive order ordered an end to these college tuition benefits, claiming these and other similar policies qualified as unequal treatment of Americans. Trump directed Attorney General Pam Bondi and Secretary of Homeland Security Kristi Noem to end state and local laws, regulations, policies, and practices which favor aliens over American citizens.
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.
Of note, Trump endorsed both Robson and her Republican primary opponent, Congressman Andy Biggs. Dual endorsements aren’t rare for the president, though Trump’s endorsement of Robson occurred prior to Biggs entering the race.
Arizona Republican leadership opposition to Robson’s campaign prompted Robson to unregister as a lobbyist earlier this year.
Shortly after Trump’s executive order, Biggs backed the move to end in-state tuition for Dreamers. The congressman also cited his support for a bill by Congressman Paul Gosar to prevent illegal aliens from receiving benefits restricted to American citizens.
“President Trump is right – US citizens shouldn’t pay more for college tuition than illegal aliens,” said Biggs. “I stand with President Trump on securing the border and ending policies that incentivize illegal immigration.”
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.
Arizona’s legalization of in-state college tuition for illegal aliens resulted in the increased influence of dark money operations. These opaque cash flows have funneled into scholarship programs offered by the state’s universities.
Arizona isn’t the only state to grant this privilege to aliens. About half of the country and the District of Columbia also allows illegal aliens to pay in-state tuition for public colleges and universities including California, Colorado, Connecticut, Florida, Hawaii, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah, Virginia, and Washington.
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The left’s network of dark money appears to have successfully influenced voters in passing Propositions 209 and 308.
Prop 209, the Predatory Debt Collection Act, was passed by voters overwhelmingly, 72 to 28 percent. It’s a California-union backed effort to eradicate all debt collection in the state; the political action committee (PAC) driving support for the measure received the vast majority of its $12.7 million from the California union, Service Employees International Union United Healthcare Workers (SEIU-UHW). They’re rooted in the leftist infrastructure of dark money, since they don’t disclose the source of their millions in funding.
Marketing for Prop 209 promised a protection against medical debt collection. However, the measure goes much further by encompassing all other debts. The measure essentially makes all debt collection futile.
It took our membership of 1,600+ Arizonans talking to voters across AZ to win #YesOn209— and now this historic victory will change the lives of so many families. Now is the time to join our movement to fix healthcare & become a member of Healthcare Rising! https://t.co/JzCMl1Qubzpic.twitter.com/DPc19GDLpW
Prop 308, which would award in-state college tuition rates to Dreamers, was passed narrowly, 51 to 49 percent. According to the campaign finance data, the proposition was backed by at least $1.2 million in out-of-state dark money, such as NextGen, SEIU-UHW, United We Dream, and American Business Immigration Coalition Action.
Another $1 million came from Chicanos Por La Causa, a Phoenix-based organization, though their tax returns indicate that neither their organization or their political action arm raise anywhere near that amount in revenue respectively.
Those millions together make up the vast majority of the $2.6 million raised, $1.8 million spent to back the measure.
An undocumented student at ASU spent weeks talking to voters about Prop 308. "It makes a difference having a Dreamer at your door telling you about their story," she says. Prop 308 results are too close to call right now. https://t.co/yJ3jIi2o7T Story by @themariagarcia_
In-state tuition rates for Dreamers will add onto the increasing cost burden faced by Arizona’s public schools. As AZ Free News reported in September, illegal immigrant children cost Arizona public schools over $748 million in 2020.
The influence of leftist dark money will likely only grow in strength in the coming years, thanks to the success of another proposition.
Prop 211, the Voters’ Right to Know Act, was also passed by voters overwhelmingly, 72 to 27 percent. It proposes to remedy the influence of dark money in the state. However, it establishes neat carveouts ensuring leftist dark money isn’t affected: corporate media, Big Tech, labor unions, and “nonpartisan” PACs.
The main financier of the measure, David Tedesco, is the founder and CEO of the Phoenix-based venture capitalist firm, Outlier.
Tedesco donates heavily to both Democrats and Republicans according to state and FEC campaign finance records. He spent $211,600 backing Attorney General Mark Brnovich’s failed Senate campaign. He’s given at least $116,400 to Democrats for this election: $100,000 to the Arizona Democratic Party, over $5,000 to Democratic gubernatorial candidate Katie Hobbs, over $5,000 to Congressman Greg Stanton (D-AZ-09), and over $5,000 to failed Democratic candidate Aaron Lieberman.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
