House Budget Aims at ‘Dreamers’: Potential Lawsuit on the Horizon if Approved

Arizona lawmakers are advancing a proposal to eliminate in-state tuition for undocumented immigrants, a move that may conflict with Proposition 308, approved by voters in 2022.

The House Appropriations Committee passed a budget provision on June 12 that would bar state universities from using both public and private funds to subsidize tuition for students who are not legally present in the United States.

Representative Matt Gress, a key figure in drafting the proposal, acknowledged the existing law allows “dreamers” under the Deferred Action for Childhood Arrivals (DACA) program to pay in-state tuition under specific conditions.

However, he contends that the proposal does not violate Proposition 308, arguing that DACA recipients might still be classified as lawfully present. If legal conflicts arise, Gress indicated they would be resolved through litigation.

The proposed budget includes other provisions, such as mandating a 2.5% tuition rollback and preventing tuition increases for the next two academic years, potentially reducing university funding.

Gress claims that this plan aims to alleviate financial burdens on resident students. Nevertheless, it also stipulates new borrowing capabilities for universities to finance projects like research facilities and a new hospital at Arizona State University.

The budget’s tuition restrictions could fuel legal challenges since Arizona’s constitution prohibits altering voter-approved measures without a three-fourths legislative majority for changes that further the original purpose.

The previous law banned in-state tuition for undocumented students until Proposition 308 was enacted, which provided exceptions for those who graduated from Arizona high schools.

Gress maintained that the budget’s provisions would uphold the principle that individuals present illegally should not receive public benefits.

His interpretation allows for the possibility that DACA recipients could still qualify under the new guidelines. However, uncertainties surrounding the legal status of DACA persist, particularly following a federal court ruling that deemed parts of DACA unlawful.

The situation is further complicated by developments in Texas, where similar laws allowing in-state tuition for dreamers faced legal scrutiny, leading to recent setbacks.

Senator John Kavanagh suggested the Senate may introduce a parallel provision in its budget release. The potential for conflict with Proposition 308 remains a point of contention.

Democratic representatives have voiced strong opposition, asserting that the proposal undermines voter intentions and disregards the value placed on education for students who have grown up in Arizona.

The budget package, including the contentious education provisions, was scheduled for a full House vote on June 13, coinciding with the Senate’s unveiling of its own budget strategy.