Arizona AG Files New Lawsuit Against ABOR Over DACA Tuition

By  Holliday Moore, Howard Fischer
Published: Thursday, January 11, 2018 - 7:49am
Updated: Thursday, January 11, 2018 - 11:15am

Arizona Attorney General Mark Brnovich entered new legal filings Wednesday challenging in-state tuition for DACA students.

In the claim submitted to the Maricopa County Superior Court, Brnovich indicated the numbers don't add up when tuition has risen more than 315 percent over the past two decades, yet Arizona household income has increased an average of 27 percent.

He wants permission to sue the Arizona Board of Regents for allowing Deferred Action for Childhood Arrival students to qualify for in-state tuition on the grounds that it violates the 2006 voter-approved law limiting that right to "lawfully present" residents.

That money, he said, takes funds from those who are in the state lawfully and therefore violates a constitutional provision stating that "instruction be as nearly free as possible."

Attorneys for the regents said Brnovich does not have the right to sue without the Legislature or governor's approval and have asked the court to throw out the case.

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