In-State Tuition Policies for Undocumented Immigrant Students in Arizona

1. What are the current state laws regarding in-state tuition for undocumented immigrant students in Arizona?


In Arizona, undocumented immigrant students are not eligible for in-state tuition rates. The Arizona Board of Regents has ruled that only those students who are U.S. citizens, legal permanent residents, or those with valid visas are eligible for in-state tuition rates at the three state universities: Arizona State University, Northern Arizona University, and the University of Arizona.

Previously, undocumented students were able to pay in-state tuition if they met specific criteria such as graduating from an Arizona high school, living in the state for at least two years prior to enrollment, and showing intent to obtain legal immigration status. However, this policy was changed in 2009 with the passage of Proposition 300 by voters, which prohibits undocumented students from receiving any state-funded public benefits including in-state tuition rates.

In 2018, the Arizona Supreme Court upheld this policy and ruled against a lower court decision that allowed DACA (Deferred Action for Childhood Arrivals) recipients to pay in-state tuition rates. This means that even Dreamers – young immigrants brought to the U.S. as children – are not eligible for in-state tuition at Arizona’s public universities.

2. Are there any proposed changes or updates to these laws?

As of now, there are no current proposals to change or update these laws regarding in-state tuition for undocumented immigrant students in Arizona. However, there have been ongoing efforts by immigrant advocacy groups and supporters to overturn Proposition 300 and allow undocumented students access to in-state tuition rates.

In 2020, there was a legislative proposal known as House Bill 2019 that aimed to allow DACA recipients and other undocumented students who meet certain criteria to pay in-state tuition at Arizona’s public universities. However, the bill did not make it past committee hearings and was ultimately shelved.

3. What is the general political stance on providing in-state tuition for undocumented immigrant students?

The general political stance on providing in-state tuition for undocumented immigrant students is divided among political parties and lawmakers. Some advocates for immigrant rights and education argue that allowing undocumented students access to in-state tuition rates would benefit the state economy and help these students achieve their educational goals. They also argue that preventing undocumented students from paying in-state tuition is denying them equal opportunities.

On the other hand, opponents of providing in-state tuition for undocumented students argue that they are not legally entitled to public benefits, including in-state tuition rates, and that providing this benefit could encourage more illegal immigration. They also argue that offering in-state tuition rates to undocumented students takes away spots from eligible U.S. citizens and legal residents.

4. Are there any alternative options for undocumented immigrant students wishing to attend college in Arizona?

There are some alternative options available for undocumented immigrant students wishing to attend college in Arizona:

– Private scholarships: There are private scholarship opportunities specifically for undocumented students, such as TheDream.US and the Mexican American Legal Defense and Educational Fund (MALDEF) Scholarship Resource Guide.
– Foundation programs: Nonprofit organizations like The Mexican American Legal Defense and Educational Fund (MALDEF) offer programs that assist DACA recipients with the cost of higher education.
– Community colleges: Undocumented students may be able to attend community colleges at a lower cost compared to four-year universities, as community colleges often have lower tuition rates.
– Out-of-state universities: Some out-of-state universities may offer in-state tuition or financial aid opportunities for out-of-state residents, including undocumented students.

2. Is Arizona one of the states that allows undocumented immigrant students to pay in-state tuition rates?


No, Arizona does not have any laws or policies that allow undocumented immigrant students to pay in-state tuition rates. In fact, Arizona is known for having some of the strictest policies against undocumented immigrants, such as SB 1070 which requires law enforcement officials to determine the immigration status of anyone they stop or arrest if there is a reasonable suspicion that the person is in the country illegally.

3. Are there any specific eligibility requirements for undocumented students to qualify for in-state tuition in Arizona?

Yes, students must meet the following requirements to qualify for in-state tuition in Arizona:
– Have graduated from an Arizona high school or obtained a GED certificate in Arizona
– Have attended an Arizona high school for at least three years
– Be physically present in the state of Arizona
– Provide a signed affidavit stating that they have filed or will file an application to legalize their immigration status as soon as they are eligible to do so
– Not hold a valid non-immigrant visa
– Show intent to become a permanent resident or citizen of the United States by submitting one of the following documents:
– An application for permanent residency or citizenship
– Evidence of current employment authorization
– Evidence of approval under the Deferred Action for Childhood Arrivals (DACA) program
– A pending immigrant petition filed with USCIS

These eligibility requirements were established by Proposition 300, which was approved by voters in 2006. More information can be found on the official website of the Arizona Board of Regents.

4. How does Arizona determine residency status for undocumented students when it comes to in-state tuition?


According to Arizona law, undocumented students are not eligible for in-state tuition rates. In order to be considered a resident for tuition purposes, a student must meet certain requirements, such as living in Arizona for 12 continuous months and having legal immigration status.

5. Can undocumented students apply for financial aid or scholarships to help cover their in-state tuition costs in Arizona?

Currently, undocumented students in Arizona are not eligible for state or federal financial aid, such as the Pell Grant or loans. However, some private scholarships and institutional scholarships may be available to help cover tuition costs. It is important for students to research and apply for all potential scholarship opportunities, and to also reach out to their school’s financial aid office for additional resources and guidance.

6. Does Arizona have any programs or initiatives specifically aimed at supporting education access for undocumented immigrant students?


Yes, Arizona has several programs and initiatives that aim to support education access for undocumented immigrant students:

1. Deferred Action for Childhood Arrivals (DACA) – This federal program offers temporary protection from deportation and work permits for eligible undocumented immigrants who were brought to the U.S. as children. To be eligible, individuals must have arrived in the U.S. before their 16th birthday, have lived continuously in the country since 2007, and meet additional requirements.

2. In-State Tuition for DACA recipients – In 2015, the Arizona Court of Appeals ruled that DACA recipients are eligible for in-state tuition at public colleges and universities in Arizona.

3. The Benefits.gov website – Provides information on various federal and state benefits available to undocumented immigrants, including educational assistance programs.

4. Financial aid options – Some colleges and universities in Arizona may offer institutional financial aid or scholarships specifically for undocumented students.

5. The AZ DREAM Act – This state law allows certain undocumented students who meet specific requirements to pay in-state tuition rates at public colleges and universities.

6. The Arizona Dreamers Fund – created by individuals, foundations, corporations, non-profits, government entities and others stakeholders dedicated to providing scholarships/financial assistance to Dreamers in Arizona.

7. Undocumented Student Resource Centers – Several colleges and universities in Arizona have established resource centers specifically for undocumented students to provide support services such as academic advising, counseling, financial aid guidance, and legal assistance.

8. Navigating College Toolkit – Developed by the State Bar of Arizona’s Young Lawyers Division Immigration Project, this toolkit provides resources and guidance for undocumented students interested in pursuing higher education.

9. Tuition Assistance Programs – Organizations such as TheDream.US offer scholarships to help cover tuition costs for qualified undocumented students attending partner colleges and universities across the country.

10. Educational outreach programs- Various organizations like ScholarshipsAZ offer workshops aimed at educating families of undocumented students about higher education options and resources available in Arizona.

11. The Arizona Students’ Association – An advocacy organization that works to improve access to higher education for all students, including undocumented immigrants, through policy advocacy and community engagement initiatives.

7. Have there been any recent changes or updates to the laws surrounding in-state tuition for undocumented immigrants in Arizona?

Yes, there have been recent changes to the laws surrounding in-state tuition for undocumented immigrants in Arizona. In April 2018, the Arizona Supreme Court ruled that DACA (Deferred Action for Childhood Arrivals) recipients are not eligible for in-state tuition rates at public universities in the state. This reversed a 2015 decision by the Arizona Board of Regents that allowed DACA recipients to pay in-state tuition. Additionally, some lawmakers in Arizona have proposed bills to expand eligibility for in-state tuition to students without legal immigration status, but these proposals have not yet been passed into law. As of September 2021, undocumented students cannot receive in-state tuition rates at public colleges and universities in Arizona.

8. How do other states compare to Arizona when it comes to providing access to in-state tuition for undocumented students?

Other states vary in their policies for providing access to in-state tuition for undocumented students. Some states, like California and Texas, have laws specifically allowing undocumented students to pay in-state tuition rates if they meet certain criteria. Other states, like Florida and New York, have individual university systems that have their own policies for providing in-state tuition to undocumented students. In general, more than 20 states have some form of policy or legislation that allows undocumented students access to in-state tuition rates. However, there are also several states that do not have any specific provisions or laws addressing this issue.

Furthermore, the eligibility requirements for in-state tuition can vary between states. Some states only require proof of high school attendance and graduation from a state’s high school system, while others may also require additional criteria such as proof of residency or DACA (Deferred Action for Childhood Arrivals) status.

Overall, Arizona is one of the few states that explicitly prohibits undocumented students from receiving in-state tuition rates at public colleges and universities. This has made it challenging for many young undocumented immigrants to access higher education in the state and has led to widespread criticism and legal challenges against the prohibition.

9. Are there any ongoing debates or discussions about changing the current policies on in-state tuition for undocumented students in Arizona?

Yes, there are ongoing debates and discussions about changing the current policies on in-state tuition for undocumented students in Arizona. One ongoing debate is regarding Arizona’s Proposition 300, which was passed in 2006 and requires undocumented students to pay out-of-state tuition rates at public universities and community colleges. Supporters of this law argue that it prohibits the use of taxpayer money to fund higher education for undocumented immigrants. Critics argue that it unfairly denies access to education for qualified students who have grown up in Arizona and contribute to the state’s economy.

In 2015, a bill known as HB 2321 was introduced in the Arizona legislature with the aim of repealing Proposition 300 and allowing undocumented students to pay in-state tuition. While the bill did not pass, similar legislation has been introduced multiple times since then.

Additionally, some cities and counties within Arizona, such as Phoenix and Maricopa County, have taken steps to offer in-state tuition rates to undocumented students through local programs or partnerships with colleges. This has sparked further discussion about whether statewide policy changes should be made.

There are also ongoing discussions about providing financial aid opportunities for undocumented students, as currently they are not eligible for federal student aid.

10. What impact has offering in-state tuition had on higher education enrollment rates among undocumented immigrants in Arizona?


The impact of offering in-state tuition to undocumented immigrants in Arizona has had a significant positive effect on their enrollment rates in higher education. Prior to this policy, many undocumented immigrants faced barriers to accessing higher education due to the high cost of out-of-state tuition and limited financial aid opportunities.

With the implementation of in-state tuition, undocumented immigrants are now able to afford and pursue higher education without facing excessive financial burdens. This has led to an increase in enrollment rates among this population, as more individuals are able to attend college or university without worrying about the high costs.

In addition, the availability of in-state tuition has also motivated undocumented students to complete high school and strive for academic excellence in order to qualify for this benefit. This, in turn, has led to an increase in the overall educational attainment levels of undocumented immigrants in Arizona.

Moreover, offering in-state tuition has also been shown to have a positive economic impact on the state. With more educated individuals contributing to the workforce, there is potential for economic growth and development.

In summary, offering in-state tuition to undocumented immigrants has resulted in increased enrollment rates, improved educational outcomes, and economic benefits for both the individuals and the state as a whole. It serves as an important step towards promoting equity and access to higher education for all individuals regardless of their immigration status.

11. What are some potential challenges or barriers that may prevent an undocumented student from receiving in-state tuition status in Arizona?


Some potential challenges or barriers that may prevent an undocumented student from receiving in-state tuition status in Arizona are:

1. State laws: Arizona has some of the strictest laws when it comes to providing in-state tuition benefits to undocumented students. The state law (Arizona Revised Statutes § 15-1809) requires students to provide proof of lawful presence in order to receive in-state tuition, which essentially prevents undocumented students from qualifying.

2. Lack of federal protections: While certain federal laws, such as the Deferred Action for Childhood Arrivals (DACA), provide protections for undocumented individuals, they do not guarantee access to in-state tuition benefits. This can make it challenging for undocumented students to obtain in-state tuition status even if they have been granted temporary legal status through DACA.

3. Limited financial resources: Most undocumented students and their families face significant financial barriers in funding their education due to lack of eligibility for federal financial aid or state-based scholarships and grants. This makes it difficult for them to afford out-of-state tuition rates, making it harder to obtain in-state tuition status.

4. Residency requirements: Some states have stringent residency requirements that require students to reside in the state for a certain period of time before they can qualify for in-state tuition rates. This poses a challenge for undocumented students who may have moved frequently or recently migrated to the state.

5. Lack of legal support: Without proper legal representation, undocumented students may struggle to navigate the complex legal processes required to obtain in-state tuition status. This is especially true for those who are not fluent in English or are unfamiliar with the U.S. education system.

6. Fear and stigma: Many undocumented students face social stigma and fear deportation, which can discourage them from applying for any type of government assistance, including in-state tuition benefits.

7. Inconsistent policies: In some cases, there may be inconsistencies among different schools within a state regarding the implementation of policies related to undocumented students and in-state tuition rates. This can cause confusion and make it difficult for students to determine their eligibility.

8. Limited availability of resources: Undocumented students may face difficulties in finding resources and information about how to obtain in-state tuition status. Many schools do not have dedicated staff or resources to help these students navigate the process.

9. Competition for spots: In some states, even with in-state tuition benefits, the number of spots available for out-of-state students may be limited due to high demand. This makes it harder for undocumented students to secure a spot and receive the same opportunities as their peers.

10. Changes in policies: In-state tuition policies for undocumented students are subject to change, which can make it difficult for them to plan long-term or rely on certain benefits or opportunities.

12. Are public and private universities and colleges required to follow the same guidelines when it comes to offering in-state tuition to undocumented students in Arizona?


No, public and private universities and colleges in Arizona are not required to follow the same guidelines when it comes to offering in-state tuition to undocumented students. The eligibility requirements for in-state tuition vary between institutions and can be affected by state laws and institutional policies. Public universities may be subject to state legislation that sets eligibility criteria for in-state tuition, while private colleges have more flexibility in determining their own policies. It is important for undocumented students to research the specific requirements of each institution they are interested in attending.

13. How has the U.S. Supreme Court ruling on Plyler v. Doe impacted the implementation of state-level policies regarding educational opportunities for undocumented youth, including access to instate-tuition,in Arizona?


The U.S. Supreme Court ruling on Plyler v. Doe has had a significant impact on the implementation of state-level policies regarding educational opportunities for undocumented youth, including access to instate-tuition in Arizona. The ruling stated that denying undocumented children access to public education is a violation of their 14th Amendment rights to equal protection under the law.

As a result of this ruling, Arizona and other states cannot deny undocumented students access to public education at any level, from kindergarten through college. This includes instate-tuition rates, which are often significantly lower than out-of-state tuition rates.

However, while Plyler v. Doe guarantees access to public education for all undocumented students regardless of their immigration status, it does not require states to offer instate-tuition benefits or financial aid specifically for undocumented students.

In Arizona, this has resulted in ongoing debates and legal battles over policies related to in-state tuition for undocumented students. In 2006, Proposition 300 was passed in Arizona which required undocumented students to pay out-of-state tuition rates and prohibited them from receiving any type of state-funded financial aid.

In response, the Maricopa County Community College District began offering “pay-as-you-go” payment plans for undocumented students to help them afford higher education. Additionally, the University of Arizona and Arizona State University have enacted their own tuition programs specifically for DACA (Deferred Action for Childhood Arrivals) recipients.

Overall, while Plyler v. Doe has ensured that all undocumented youth have a right to public education in the U.S., the implementation of state-level policies regarding instate-tuition and financial aid for this population continues to be a contentious issue in many states including Arizona.

14. Is there a limit on the number of spots available for undocumented students who qualify for instate-tuition at public institutions in Arizona?


Yes, there is a limit on the number of spots available for undocumented students who qualify for instate-tuition at public institutions in Arizona. This limit is set by individual institutions and may vary from year to year. Additionally, undocumented students must meet all other admission requirements for the institution they are applying to and will be competing with other students for available spots.

15. Has there been any backlash or opposition towards granting instate-tuition benefits to undocumented students in Arizona?


Yes, there has been backlash and opposition towards granting instate-tuition benefits to undocumented students in Arizona. Some critics argue that it is unfair to give undocumented students access to reduced tuition rates when they are not legally allowed to work in the United States after graduation. Others argue that providing such benefits may encourage more immigrants to enter the country illegally. Additionally, some opponents believe that providing instate-tuition benefits for undocumented students takes away limited resources from citizens and legal residents who are also struggling to afford higher education. In response to this opposition, supporters of instate-tuition for undocumented students argue that education is a basic human right and that denying these students access to affordable education will only perpetuate cycles of poverty and limit their potential contributions to society.

16. How does the economic impact of providing instate-tuition to undocumented students compare to the potential future earnings and contributions of these individuals in Arizona?


The economic impact of providing instate-tuition to undocumented students is relatively small compared to the potential future earnings and contributions of these individuals in Arizona.

On one hand, providing instate-tuition may increase the cost of education for some taxpayers and could potentially divert resources from other areas such as healthcare or infrastructure. However, research has shown that states that have implemented instate-tuition policies have seen minimal impacts on their overall education budgets.

On the other hand, allowing undocumented students to access higher education can lead to significant economic benefits in the long run. These students are more likely to earn higher degrees and secure better paying jobs, which will increase their purchasing power and contribute to the economy through spending and taxes. Additionally, they are also more likely to create businesses and drive innovation, which can further boost economic growth.

According to a study by New American Economy Research Fund, providing access to higher education for just 2% of the undocumented population in Arizona could lead to an estimated $1.24 billion in increased earnings over their lifetimes. This would also result in an increase in state tax revenue by around $68 million annually.

Furthermore, research has shown that granting instate-tuition for undocumented students can also attract talented individuals from other states or countries, leading to a boost in Arizona’s workforce diversity and strengthening its competitiveness in global markets.

Overall, while there may be some short-term costs associated with providing instate-tuition for undocumented students, the potential long-term economic benefits make it a positive investment for Arizona’s economy.

17. Have there been any efforts to increase outreach and education about instate-tuition policies for undocumented students in Arizona?


Yes, there have been efforts to increase outreach and education about instate-tuition policies for undocumented students in Arizona. Some examples include:

1. Arizona Dream Act Coalition: This organization provides resources and information for undocumented students in Arizona, including information about instate-tuition policies. They also work with schools and community organizations to provide workshops and presentations on accessing higher education opportunities for undocumented students.

2. College Support Network: This program, run by the Southwest Institute for Research on Women at the University of Arizona, offers support and information to undocumented students pursuing higher education in Arizona. Their website includes information about instate-tuition policies and ways for students to advocate for themselves.

3. Instate-Tuition Toolkit: The American Civil Liberties Union (ACLU) of Arizona created an instate-tuition toolkit specifically designed for undocumented students in the state. The toolkit includes information about qualifying for instate tuition, steps to apply, and tips for advocating for yourself as a student.

4. Social media campaigns: Several social media campaigns have been launched to raise awareness of instate-tuition policies for undocumented students in Arizona. These campaigns use hashtags like #AZDreamersInState and #UndocuHustleAZ to share stories and resources related to accessing higher education.

5. School district initiatives: Some school districts in Arizona have taken steps to educate their students and families about instate-tuition policies. For example, the Tucson Unified School District offers a college financial aid workshop specifically tailored to undocumented students and their families.

6. Community workshops: Local organizations and advocacy groups often hold workshops or informational sessions on instate-tuition policies for immigrant communities in Arizona.

Overall, there are ongoing efforts to reach out to undocumented students in Arizona with information about accessing higher education opportunities, including instate tuition. However, advocates believe that more can still be done to ensure that all eligible students are aware of these policies and actively seek out these opportunities.

18. Are there any specific fields of study or majors that are excluded from receiving instate-tuition benefits for undocumented students in Arizona?


There is no specific list of excluded fields of study or majors for undocumented students receiving in-state tuition benefits in Arizona. However, many state-funded scholarships or financial aid programs may have specific eligibility requirements based on academic major or field of study. Undocumented students should check with their school’s financial aid office to determine any potential restrictions for their specific program.

19. Do public K-12 schools in Arizona offer any resources or support for undocumented students who may qualify for instate-tuition at the college level?


Yes, public K-12 schools in Arizona offer resources and support for undocumented students who may qualify for in-state tuition at the college level. Some examples include:

1. Arizona State University’s DREAMzone: This is a resource center that provides support and resources for undocumented students at the university’s Tempe campus. The center offers academic, financial, and personal support services to help undocumented students succeed in their academics.

2. Scholarships: Many public schools offer scholarships specifically for undocumented students, such as the Opportunity Scholarship at Arizona State University or the New American Scholars Program at Northern Arizona University.

3. Guidance counselors: Most public schools in Arizona have guidance counselors who can assist students with navigating the college application process and finding resources for financial aid, including options available to undocumented students.

4. Resource centers: Many high schools have resource centers or offices dedicated to supporting diversity and equity among students, which can also provide information and resources for undocumented students.

5. Higher Education Access Partners Program (HEAPP): This is a statewide program that assists underserved populations, including immigrant and refugee communities, with applying to college and accessing financial aid resources.

Overall, while support may vary between different school districts and individual schools, there are resources available to help undocumented students pursue higher education opportunities in Arizona.

20. What recommendations has the state government received from advocacy groups or experts on how to improve access to higher education for undocumented immigrant students, including instate-tuition rates, in Arizona?


As there is no current policy or law in place regarding access to higher education for undocumented immigrant students in Arizona, there have been limited recommendations from advocacy groups or experts on this topic. However, some organizations and individuals have made suggestions for improving access to higher education for these students.

1. Establish In-State Tuition Rates for Undocumented Students: One of the main recommendations from advocacy groups such as the American Civil Liberties Union (ACLU) is for the state government to establish instate-tuition rates for undocumented students. This would allow these students to pay the same tuition rates as their peers who are U.S. citizens or permanent residents, making higher education more affordable and accessible.

2. Provide Financial Aid Options: Experts recommend that Arizona create financial aid options specifically for undocumented students, as they are currently not eligible for federal or state financial aid programs. This could include creating scholarships or grants specifically designated for these students, as well as exploring alternative funding options.

3. Collaborate with Colleges and Universities: The Arizona Dream Act Coalition has suggested that the state government work with colleges and universities to create policies and procedures that support undocumented students, including providing resources like counseling services and academic advising geared towards their unique needs.

4. Increase Public Awareness: Advocacy groups also recommend increasing public awareness about educational opportunities available to undocumented students in order to dispel any myths or misconceptions about their eligibility.

5. Advocate for Federal Immigration Reform: Some organizations believe that advocating for comprehensive immigration reform at the federal level is crucial in addressing the barriers faced by undocumented students in accessing higher education. This could include providing a pathway to citizenship and expanding eligibility for federal financial aid programs.

6. Encourage Collaboration between High Schools and Higher Education Institutions: Experts suggest encouraging communication and collaboration between high schools and colleges/universities to ensure that undocumented students are aware of their options and prepared to pursue higher education after graduating from high school.

7. Implement Policies that Safeguard Confidential Information: Organizations like the ACLU recommend implementing policies that protect confidential information for undocumented students, such as ensuring that students’ immigration status is not shared with third parties without their consent.

8. Support Youth-Led Organizations: Finally, experts suggest supporting youth-led organizations, such as the Arizona Dream Act Coalition and Undocumented Students for Education Equity, which advocate for the rights and needs of undocumented students. These organizations provide valuable insight and guidance on how to improve access to higher education for this population.