PHOENIX — Dreamers who enroll or continue at the state's three universities will immediately be able to attend classes by paying the same tuition as Arizona residents.
In a unanimous decision Thursday, the Arizona Board of Regents directed the schools to grant in-state status to anyone accepted into the Obama administration's Deferred Action for Childhood Arrivals program if they meet other residency requirements. That will cut their costs by more than half.
The move came less than 48 hours after a Maricopa County Superior Court judge upheld a similar policy at Maricopa Community Colleges. Judge Arthur Anderson said DACA recipients are not subject to the 2006 voter-approved law which requires those not in the country legally to pay out-of-state tuition.
Thursday's move by the regents comes with a risk.
The ruling applies only to the Maricopa colleges who were defendants in the lawsuit. The universities were not parties in that case.
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Potentially more significant, Attorney General Mark Brnovich has indicated he intends to file an appeal. And any ruling by a higher court, either way, would set precedent for the state.
But Greg Patterson, a member of the board, said as far as he and his colleagues are concerned, all that is irrelevant, at least for the time being.
"We had a judge in superior court look at the statute, which is exactly on point and is the statute we follow, and interpret it to say DACA students qualify for in-state tuition,'' he said. "I see no way that we could then ... question the authority of this judge to interpret this statute.''
And if it's overturned?
"Well, then it's overturned,'' Patterson said. "But we're not going to anticipate that it might be overturned.''
There was no immediate response from Brnovich.
Neither Gov. Doug Ducey nor Superintendent of Public Instruction Diane Douglas, who both are voting members of the board, attended Thursday's meeting. Neither provided comments about the vote afterwards.
The legal fight surrounds Proposition 300. The 2006 law says that in-state status -- and the lower tuition that goes with it — can not be applied to someone who is "not a citizen or legal resident of the United States or who is without lawful immigration status .'' It also bars any other kind of financial assistance, fee waivers or other aid paid for even in part with state dollars.
But in 2012 the Obama administration adopted the DACA program allowing those who were brought here illegally as children to remain if they meet certain other conditions. The program even gives them federal Employment Authorization Documents.
Based on that, the Maricopa colleges governing board concluded that DACA recipients met the definition of being legally present in the country and eligible for in-state tuition.
On Tuesday, Anderson agreed, saying that federal government gets to decide who is here legally. And he said anyone who has an EAD issued by the Department of Homeland Security qualifies.
Thursday's vote followed a half-hour executive session where the regents got advice from their legal counsel. But board member Bill Ridenour said his vote goes beyond the legal issue — and even the politics of illegal immigration.
"When you're in the Board of Regents, it puts a human face on it and a human aspect to the struggles they go through,'' he said.
"All they want is an opportunity for an education,'' he continued. "All they want is an opportunity for good jobs. All they want is an opportunity for a better future for themselves and their families.''
