Tuesday, June 20, 2017

Arizona Court Strikes Down In-State Tuition for DACA Recipients

The Arizona Court of Appeals ruled today that DACA beneficiaries are not eligible for in-state tuition.

In 2012, the Maricopa County Community College District (MCCCD) began accepting EADs from DACA recipients as evidence that they qualified for residence-based, in-state tuition benefits. The Arizona Attorney General (AAG) objected and challenged the District.

The Court of Appeals held that Congress has not defined DACA recipients as “lawfully present” for purposes of eligibility for in-state tuition or other state or local public benefits. Congress has, conversely, authorized each state to determine whether aliens, otherwise non-qualified under federal law, should be granted state or local public benefits. Arizona’s statutory scheme for postsecondary education benefits does not demonstrate an intent to create that eligibility for DACA recipients. Although DACA recipients are “lawfully present” for the specific purpose of obtaining EADs, these documents do not automatically confer eligibility for in-state tuition. Considered together, federal and state law therefore prohibit Maricopa County Community College District (MCCCD)  from granting in-state tuition benefits to DACA recipients. As a result, MCCCD may be enjoined from offering in-state tuition to DACA recipients. 

Click here to read the full opinion.

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https://lawprofessors.typepad.com/immigration/2017/06/arizona-court-strikes-down-in-state-tuition-for-daca-recipients.html

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