Attorney General Mayes Vows to Defend Prop 308 Against Federal Lawsuit

PHOENIX – Attorney General Mayes today responded to a lawsuit filed by the federal government against Arizona over Proposition 308, the 2022 voter-approved law that allows Arizona high school graduates — regardless of immigration status — to qualify for in-state tuition at Arizona's public universities and community colleges.

"The federal government has now sued 21 states for letting Dreamers who attended school in places like Arizona be able to afford a college education at our state's community colleges and universities” said Attorney General Mayes. “Fundamentally, this is about state’s rights and I will vigorously defend Arizona’s right to set its own rules, especially ones that are passed by voters themselves.”

Mayes argues the government's complaint rests on a faulty premise. Proposition 308, as written and approved by Arizona voters, doesn't condition eligibility on residence, which is what the government alleges. It conditions eligibility on whether a student attended and graduated from an Arizona high school (or homeschool equivalent). That's the standard voters wrote into law — tied to where a student attended school and where they graduated, not their residency. As such, it falls outside the scope of 8 U.S.C § 1623 and is consistent with federal law.

Attorney General Mayes anticipated this exact challenge. In an August 2025 formal opinion, she concluded that because Proposition 308 does not confer eligibility on the basis of residence — but instead on educational criteria:

"Proposition 308 is also consistent with 8 U.S.C. § 1623, which prohibits a noncitizen not lawfully present in the United States from being 'eligible on the basis of residence within a State … for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit' in equal amount 'without regard to whether the citizen or national is such a resident.' That statute restricts eligibility for some benefits offered on the basis of state residence to a noncitizen who is not lawfully present unless certain conditions are met. It creates no restrictions if eligibility is conditioned not on state residence, but instead on other criteria. Because Proposition 308 confers no eligibility for a postsecondary education benefit on the basis of residence — and instead uses other criteria — it is consistent with § 1623."

Arizona is one of 21 states now facing DOJ lawsuits over similar in-state tuition laws for Dreamers, part of a coordinated effort following an executive order directing the U.S. Attorney General to challenge these state policies nationwide.

Arizona voters passed Proposition 308 in 2022. Under Proposition 308, a student qualifies for in-state tuition rates if they attended an Arizona high school for at least two years and graduated from an Arizona high school or received an equivalent credential in the state — regardless of their immigration status or current residence.

The full text of Attorney General Mayes' August 2025 opinion is available.