Maricopa County Superior Court Judge Arthur Anderson had earlier this year ordered that DREAMers who qualify for the Deferred Action for Childhood Arrivals (DACA) program are eligible for in-state tuition at Arizona State Universities and community colleges. Judge Anderson wrote in the decision, “Federal law, not state law, determines who is lawfully present in the U.S.”
The Attorney General, Brnovich has taken the legal battle to the Arizona Court of Appeals, arguing that the appeal is about the rule of law and enforcing voter-protection laws. Bronvich had also filed an appeal in a separate ruling that granted young immigrants Arizona driver’s licenses since 2012 as long as they are qualified for work permits in June 2015.
The spokesperson of the Arizona Attorney General said in a statement, “The filing is about defending the will of the Arizona voters.” “It is not about immigration. It is about Proposition 300 and when voters decided several years ago that they did not want to extend public benefits including in-state tuition to individuals who did not have legal status in the state,” added the spokesperson.
The Arizona DREAM Act Coalition (ADAC), however, has encouraged the eligible students to register for school, “We encourage all DACAmented students to continue to register for school, this appeal does not take away in-state tuition immediately”. ADAC statement added, “These intimidation tactics have no place in our community we are certain that the courts will be on our side.”