Ariz. 'dreamers' celebrate decision on in-state tuition
PHOENIX — A group of students who came to the U.S. as young undocumented immigrants gathered at Phoenix College on Wednesday to celebrate a Superior Court judge's order that makes them eligible for in-state tuition at community colleges in Maricopa County.
Judge Arthur Anderson ruled Tuesday that students eligible for Deferred Action for Childhood Arrivals have lawful presence in the U.S. and that the Maricopa County Community College District has both the authority and obligation to grant in-state tuition to all DACA recipients in Arizona.
"Federal law, not state law, determines who is lawfully present in the U.S. ... The circumstance under which a person enters the U.S. does not determine that person's lawful presence here," the ruling said.
Anderson's ruling is expected to pave the way for other community-college districts and universities in Arizona to follow suit.
This decision can only set a precedent for Arizona universities, said Belen Sisa, a Chandler Gilbert Community College student.
"I am a dreamer, and I was able to continue my education after high school because of this decision," Sisa said.
The deferred-action program, launched by President Obama in 2012, is intended to protect undocumented immigrants brought to the United States as minors from deportation if they meet certain criteria. Those approved can remain in the country for two years and receive federal work permits.
Tuesday's ruling caps a 2-year-old lawsuit filed by then-state Attorney General Tom Horne. He sued the community-college district, arguing the students were not lawfully in the country and that the tuition policy violated a law enacted by voters in 2006 that banned public benefits to undocumented immigrants.
"I cried last night thinking about how much 'dreamers' are progressing and being granted the rights we are entitled to," said Vianey Perez, a dreamer and Phoenix College student.
In years past, undocumented students had been able to attend community-college classes for $91 per credit, which is higher than the $84 for in-state tuition, as long as they took six or fewer credits per semester under a program originally intended for snowbirds.
In 2012, the district's governing board ended that program and began charging full out-of-state tuition. Chancellor Rufus Glasper said enrollment then dropped by 15,000 students.
In 2013, students with DACA waivers were charged the in-state rate. About 1,200 students with the waivers are enrolled, and the ruling will ease the way for the colleges to start recruiting more, Glasper said. "We really appreciate the affirmation of the actions that we've taken, that it was the right thing to do."
The Arizona Board of Regents has taken an opposite approach from the Maricopa County community colleges. Dreamers are charged out-of-state tuition at the state's three universities, which can be more than twice what in-state students pay.
Regents President Eileen Klein said Tuesday that she expected to schedule a regents meeting soon to discuss the ruling. The regents are not a party in the lawsuit.
"We respect the court's decision around Maricopa Community College students, and we want to now read that court decision and figure out what it means for Arizona universities. ... We are going to move very quickly," Klein said.
Contributing: Mary Beth Faller and Anne Ryman, The Arizona Republic