Arizona Attorney General Kris Mayes says her office will defend Proposition 308 after the federal government sued Arizona over the state’s rules for in-state college tuition.
The lawsuit argues that Arizona cannot provide noncitizens with tuition benefits that are unavailable to U.S. citizens who live outside the state. The federal challenge is part of a broader effort targeting similar policies in 21 states.
Proposition 308, approved by Arizona voters in 2022, allows students to qualify for in-state tuition if they attended an Arizona high school for at least two years and graduated from an Arizona high school or received an equivalent credential in the state. The law does not make eligibility dependent on immigration status or residency.
Mayes contends that distinction is central to Arizona’s defense. In a formal opinion issued in 2025, she concluded that the law is consistent with federal statute because eligibility is based on a student’s educational history rather than state residence.
The dispute puts a voter-approved Arizona policy against the federal government’s interpretation of immigration and education law. The outcome could also affect how other states structure tuition eligibility for students who grew up and attended school in their communities but lack lawful immigration status.
