Arizona’s In-State Tuition Law for Undocumented Students Faces Legal Challenge
Undocumented students in Arizona are facing renewed uncertainty as Attorney General Kris Mayes has pledged to defend a state law that broadens access to in-state tuition. This comes after the law, known as Prop. 308, was challenged by the Trump administration’s Department of Justice.
Prop. 308, which voters approved in 2022, allows any student who has attended school in Arizona for at least two years and graduated from a state high school to qualify for in-state tuition, regardless of their immigration status. However, a lawsuit filed by the Department of Justice at the end of August claims the measure contravenes federal law and discriminates against U.S. citizens.
This legal action is part of a broader initiative stemming from a 2025 executive order by the Trump administration that directs the Justice Department to contest state laws perceived to favor undocumented individuals. Jose Patiño, a DACA recipient and vice president of education and external affairs at Aliento, a Phoenix-based immigrant advocacy group, commented on the situation: “The Department of Justice is going state-by-state and suing them. Some of them successfully, some of them not, and some of them pending.”
Patiño believes Arizona’s statute is robust and can withstand legal scrutiny under state law. He notes that the law has given undocumented students hope for higher education opportunities. However, the ongoing legal battle has stirred concerns among students about the future of their education.
“It’s a rollercoaster of emotions, because a lot of students mentioned that part of the reason they were able to stay in college or even start is because Prop. 308 is the law,” Patiño said. “Those who are currently our juniors or seniors, and some of them who are currently in high school, like first year or second year, are just concerned that they won’t be able to continue their education.”
Despite the federal lawsuit, Patiño and his organization are actively working to assure students, educational institutions, and families that Prop. 308 remains in effect for the time being.
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