Denying In-State Tuition For DACA Students: AZ Follow-Up

In a previous post I discussed the predicament of DACA college students in Arizona. In 2006, Proposition 300 passed with the approval of a substantial 71.4 percent of the voters. Its goal was unequivocal: the denial of in-state tuition in Arizona public community colleges and universities to DACA students. As the State’s Attorney General explained it, Proposition 300 requires the

verification of immigration status of persons who are applying for state-funded services . . . [which include] in-state tuition and financial aid for college students.

In 2015, DACA students in Arizona were allowed to pay in-state tuition following a judge’s ruling that

DACA recipients were considered legally present in the U.S. and therefore qualify for state benefits.

However, Arizona’s State Attorney General appealed the decision and this month an appeals court ruled that the state had the right to enforce Proposition 300, thus depriving DACA students of access to in-state tuition. This court decision, in turn, was appealed and the Arizona Board of Regents voted to allow in-state tuition to remain in effect while the appeal is resolved. It was an encouraging development.

But a series of recent events augur rough times ahead for DACA students in Arizona and elsewhere in the US. The attorneys general of Alabama, Arkansas, Idaho, Kansas, Louisiana, Nebraska, South Carolina, Tennessee, Texas and West Virginia as well as the Governor of Idaho asked the Trump administration to “phase out” the DACA program. Speaking for the group, arch-conservative Republican Texas Attorney General Ken Paxton stated in a letter to Attorney General Jeff Sessions that the DACA program

confers lawful presence and work permits for nearly one million unlawfully present aliens in the U.S.

He added the following:

[T]he multi-state coalition that made the request . . . [is] prepared to pull a lawsuit challenging the deferred action program currently pending in district courts if the program is ended by Sept. 5. If not, he said the suit would expand to include DACA and remaining expanded DACA permits.

Recently members of the Congressional Hispanic Caucus met with Homeland Security Secretary John Kelly to discuss the DACA program. Luis V. Gutierrez, the U.S. Representative for Illinois’s 4th congressional district, was at the meeting and evaluates its outcome as follows:

Secretary Kelly said . . . that the future of DACA is up to Attorney General Jeff Sessions, America’s leading advocate against immigration, so Kelly was basically telling us DACA is facing a death sentence. . . I fear for anybody currently with DACA.

Gutierrez’s closing comments are sobering:

Trump, Sessions and Kelly want to take 800,000 DREAMers with DACA . . . who are registered with the government and in compliance with the law and make them into criminals, felons, and deportees in the next few months. Anyone with a conscience who thinks legal immigration is an integral part of who we are as a country just got called to action.

I prefer to close my posts on a hopeful note. I can’t do it today. Congressman Gutierrez said,

I think we have to prepare for the worst and get ready to fight mass deportation.

I believe that he is right.