In a move that could potentially reverse a voter-approved initiative, Republican legislators are advancing a proposal to eliminate in-state tuition benefits for undocumented students at Arizona’s public universities. This change challenges the mandate set by Arizona voters just three years ago.
The latest House budget includes a clause that bans state universities from using public funds to lower tuition costs for students not legally present in the U.S. Additionally, this legislation extends to prohibit the use of private funds for the same purpose.
Rep. Matt Gress, a key architect of the proposal, points to the 2022 decision allowing DACA recipients, also known as “dreamers”, to qualify for in-state tuition under specific conditions. Gress, however, argues that the new proposal may not conflict with Proposition 308, which passed with a narrow 51-49% voter approval. He argues that DACA recipients might be considered lawfully present.
Gress acknowledges the possibility of legal challenges, stating, “It will be litigated.”
This in-state tuition restriction is part of a larger budget package concerning universities, totaling $17.3 billion. This package, awaiting full House review, also includes a 2.5% rollback on in-state tuition fees, translating to approximately $314 annually. Universities will not receive state compensation for this reduction, which could impact their financial resources.
While the budget offers increased borrowing capacity for universities to finance new projects like research facilities and a hospital at Arizona State University, the focus remains on the tuition clause, which could face opposition and legal scrutiny.
Arizona’s constitution restricts legislative power to amend voter-approved measures, except when changes “further the purpose” of the original measure, requiring a supermajority vote from both legislative chambers. The proposed budget may conflict with Proposition 308, which allowed in-state tuition for students who attended Arizona schools for at least two years, regardless of immigration status.
“We would be prohibiting the universities from using resources to provide tuition subsidies to students here in the country illegally,” Gress explained. The proposal specifies three definitions of individuals ineligible for in-state tuition, including those:
- present in the U.S. “without authorization under federal law,”
- paroled into the U.S. by the Department of Homeland Security,
- seeking asylum without an approved application.
Gress emphasizes that Arizona public benefits should not extend to those here illegally. He suggests the proposal might not conflict with Proposition 308, given that DACA status confers lawful presence.
However, the legal standing of DACA remains uncertain. A federal appeals court recently ruled parts of DACA unlawful, though enforcement is paused for current recipients. Gress also references a Texas case where a similar law was overturned, arguing it might influence Arizona’s situation.
Sen. John Kavanagh, heading the Senate Appropriations Committee, indicates the Senate’s budget might include similar tuition provisions, drawing on the Texas precedent.
Opposition voices, like Rep. Lorena Austin, argue the budget contradicts voter intentions expressed in Proposition 308. “I think that’s absolutely egregious,” remarked Austin. Nancy Gutierrez, Assistant House Minority Leader, calls the proposal potentially unconstitutional and disrespectful to voters.
Rep. Stephanie Stahl Hamilton suspects political motives behind the provision, questioning the existence of non-DACA recipients at state universities. “It continues to cause fear for no good reason other than to score political points,” she stated.
The House plans to discuss the budget package on Friday, while Senate Republicans prepare to release their budget proposal simultaneously.
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