Could lessons from SB 1070 be coming to the fore again with the new administration’s immigration priorities?
Arizona Attorneys: DREAMers Should Not Receive In-State Tuition
Attorneys representing Arizona argued in court Tuesday that “dreamers” should not receive in-state tuition breaks.
Assistant Attorney General Rusty Crandell told the 9th U.S. Apellate court that while the Deferred Action for Childhood Arrivals program, DACA, allows undocumented students to work and apply for a driver’s license, it should not extend to in-state tuition status.
"Lawful immigration status does not mean lawful presence. These terms are distinct legal concepts under federal immigration law," Crandell told the court.
But, Mary O'Grady with the Maricopa Community Colleges said the state can't make that distinction. "We cannot pick and choose which people who are lawfully present we are going to give in-state tuition to and which we're going to deny in-state tuition to."
DACA status did not exist when Arizona voters passed a measure limiting in-state tuition to students with “lawful immigration status.”
The judges gave no indication when they will rule.