Arizona 'dreamers' cheer in-state tuition from regents

Belen Sisa of Gilbert had just finished taking a final exam at her community college Thursday in her World Politics class when friends began texting her with the news:

The Arizona Board of Regents voted to allow young, undocumented immigrants known as "dreamers" to pay in-state tuition at the state's three universities.

The decision will save thousands of dollars in tuition costs for Sisa and other dreamers in Arizona who have work permits through the federal policy that defers deportation for them.

"Everyone was like, 'We won. We won. They passed in-state tuition,'" Sisa said. "I just started crying with happiness. It was amazing news."

Sisa, 21, had faced paying expensive non-resident rates at Arizona State University when she completes two years at Chandler-Gilbert Community College, where she pays in-state tuition.

The regents' decision to reverse their long-standing policy was prompted by a Maricopa County Superior Court judge's ruling on Tuesday that students covered by the Deferred Action for Children Arrivals program are allowed to pay the lower, in-state tuition rate, which is half or less of what non-residents pay.

The change is effective immediately, the regents said.

Sisa is studying political science and plans to transfer to ASU next spring after she finishes her associate degree.

Being able to pay in-state tuition means she will be able to continue her education full time. Otherwise, she would have only been able to afford to take one or two classes at a time at out-of-state rates, she said.

"It has opened all the doors for my future," said Sisa, who is from Buenos Aires, Argentina, and has lived in Arizona since her parents brought her illegally to the state when she was 6 years old.

The in-state tuition decision is the second big victory for Arizona dreamers in the last six months. In December, a U.S. District Court issued a preliminary injunction that forced Arizona to start issuing driver's licenses to dreamers with work permits.

The latest ruling will cut the tuition rate significantly at ASU, Northern Arizona University and the University of Arizona. In-state tuition and fees for ASU undergraduates are $10,157 this year compared with $24,503 for non-residents.

Some state lawmakers, including Sen. Steve Smith, R-Maricopa, were unhappy with the regents' decision, noting that voters approved a state law barring undocumented immigrants from receiving in-state tuition, even if they graduated from high school in Arizona.

"Taxpayers were pretty darn clear a few years ago with the proposition," he said. "About 75 percent of voters said they did not want benefits like this given out."

Smith said he also believes the decision provides an unfair benefit.

"You have legal American citizens facing the same problem (with out-of-state tuition) and not getting the same benefit," he said. "How is that fair that a United States citizen does not get the same advantages of what many would call illegal aliens?"

Change follows court ruling

In 2012, President Barack Obama created a policy that allows undocumented immigrants brought to the U.S. as children to apply for deportation deferments and work permits. Homeland Security officials have emphasized that work permits granted to people approved for DACA bestow legal presence, but not legal status.

But Arizonans voted in 2006 to deny in-state tuition rates to undocumented immigrants.

"It's frustrating that the will of Arizona voters is being ignored by the courts and that Washington has made such a mess of this issue," Gov. Doug Ducey said in a statement "But given the current status of legal decisions, I understand and accept why the regents decided as they did."

Maricopa Community Colleges took the opposite approach from the state universities. The community colleges have been giving dreamers with work permits in-state rates, but were sued two years ago by then-state Attorney General Tom Horne.

Horne argued the district was violating the state law enacted by voters.

Earlier this week, Judge Arthur Anderson ruled the Arizona law doesn't bar benefits to immigrants lawfully in the country. Under federal law, the DACA students are lawfully present, he wrote.

"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," Anderson wrote.

Although the Board of Regents isn't a party to the lawsuit, the regents said the ruling is an interpretation of state law and it affects their policies.

"This opinion applies to us, and we will follow it," Regent Greg Patterson said.

The regents were asked at a press conference following the meeting whether they could be on the hook to refund taxpayer money if the Maricopa County case were appealed and overturned.

Regents President Eileen Klein said the board can't anticipate what actions will be taken. "Our intent is to comply with the law as it exists today," she added.

Thousands of students affected

Arizona Attorney General Mark Brnovich has not said yet whether he will appeal the ruling. Brnovich spokesman Ryan Anderson said the office is "very disappointed" with the ruling and is evaluating all options, including an appeal.

Sen. John Kavanagh, R-Fountain Hills, one of the co-sponsors of the immigration-enforcement law Senate Bill 1070, said he believes "the dreamers should get in-state tuition."

"I don't think anybody brought here at a young age by their parents who themselves didn't break the law and who now are Americanized should be removed," he said. "I think they should be integrated into society and they should get in-state tuition."

However, Kavanagh said he remains concerned about the legality of how Obama went about granting protections to this group of young adults.

"I support doing it the right way, by congressional legislation," he said.

The state universities don't track how many dreamers are enrolled; Klein didn't have an estimate on how the change could impact enrollment.

Maricopa Community Colleges has about 1,200 students with deferred-action documents who qualify for in-state tuition.

In Arizona, 23,138 dreamers have been approved for deferred action, according to U.S. Citizenship and Immigration Services.

Several of them were at the regents meeting Thursday in Phoenix to witness the monumental decision, including ASU junior Enrique Borquez.

He said he has only been able to afford to take one or two classes a semester. He lives at home to save money and doesn't have a car.

The lower rates will allow him to take more classes each semester and graduate a year earlier, he said.

He couldn't stop smiling after the unanimous vote.

"I'm very happy and glad it has become a reality," the 22-year-old said. "I can't wait to finish school."