DREAMers Question Arizona Governor’s Stance Amid Appeals

By Jude Joffe-Block
Published: Sunday, July 5, 2015 - 8:58pm
Updated: Sunday, July 5, 2015 - 9:23pm
(Photo via azgovernor.gov)
Arizona Gov. Doug Ducey on a trade mission to Mexico in June 2015.

Young immigrants who were brought to the United States illegally as children and qualify for an Obama administration program are criticizing Arizona's decision to appeal two court rulings granting them rights.

Some are puzzled after Gov. Doug Ducey issued a proclamation last month with seemingly friendly words for young immigrants known as DREAMers. Ducey's proclamation came out right before his trade mission to Mexico.

He recognized the past, present and future contributions of Mexicans to Arizona, including Mexican immigrant students.

Ducey vowed to enforce all court rulings regarding the rights of young immigrants who had received work permits under Obama’s Deferred Action for Childhood Arrivals program. And he said he’d review a 2012 executive order by his predecessor, Gov. Jan Brewer, that denied these immigrants state benefits, including driver’s licenses.

Mexican officials have underscored that the rights of Arizona DACA recipiants to drive and access affordable higher education are priorities in the Arizona-Mexico relationship.

Late last year, a federal judge ordered Arizona to begin issuing driver’s licenses to DACA recipients after a 9th U.S. Circuit Court of Appeals ruling paved the way for that decision. And in May, a Maricopa Superior Court judge upheld a Maricopa County Community College District policy that allows DACA recipients to pay in-state tuition. That ruling prompted the Arizona Board of Regents to extend in-state tuition to DACA recipients at the state's three universities.

But in recent weeks, Arizona Attorney General Mark Brnovich has chosen to fight both rulings. In June he filed a 71-page appeal to the 9th U.S. Circuit Court of Appeals on the driver's license case. And last week he gave notice that he would be appealing the in-state tuition ruling.

In response to the appeals, the Gov. Ducey's office offered the following statement: “The governor’s position is that the state will comply with the law as this issue is properly litigated in the courts.”

Dulce Matuz of the Arizona Dream Act Coalition said it is hypocritical for Ducey to support these appeals given his proclamation.

“As the governor, he has the power,” Matuz said. “And by not doing anything or staying quiet or not standing up for the morals and values of this nation and Arizona, he is doing a disservice to everyone.”

The attorney general’s office said it's appealing the in-state tuition ruling to defend a voter-approved law that bans immigrants without legal status from receiving in-state tuition. It is defending its DACA driver’s license ban on the grounds that Arizona has the right to define which categories of immigrants are eligible for licenses.

So far Arizona has spent $1.7 million on outside attorneys on the driver’s license case, according to the Arizona Department of Transportation. The litigation over in-state tuition has been handled in-house by the attorney general’s office.

EDITOR'S NOTE: KJZZ is licensed to the Maricopa County Community College District.