Arizona Attorney General

Mark Brnovich

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AZ Supreme Court Rules Unanimously in Favor of State in MCCCD In-State Tuition Case

PHOENIX - Arizona Attorney General Mark Brnovich announced today that the Arizona Supreme Court issued a unanimous decision in favor of the State in the Maricopa County Community College in-state tuition case. In a 7-0 decision, the Court agreed with a previous 3-0 Court of Appeals decision that existing federal and state law do not allow Maricopa County Community College District to grant in-state tuition benefits to DACA recipients.

"While people can disagree what the law should be, I hope we all can agree that the attorney general must enforce the law as it is, not as we want it to be," said Attorney General Mark Brnovich. "As Attorney General, my duty is to uphold the law and the will of more than one million voters who passed Proposition 300 in 2006."

The Court granted review on February 13, 2018, solely on the issue of “whether DACA recipients who are lawfully present in this country while they are participating in the DACA program are eligible for resident tuition.” Arguments took place on April 2, 2018. A full written opinion by the Court is expected to be issued by May 14, 2018.

In 2006, Arizona voters approved Proposition 300 with 71.4% of the vote. The law provides that state-funded services and benefits, including in-state tuition and financial aid, can only be provided to individuals who have legal status.