The federal government is challenging Arizona’s rules for in-state college tuition, putting a voter-approved policy for certain noncitizen students at the center of a new legal dispute.
The U.S. Department of Justice filed a lawsuit Thursday against Arizona along with New Mexico, Oregon and Washington, arguing that states cannot give noncitizens educational benefits that are unavailable to U.S. citizens who live outside the state.
Arizona’s policy comes from Proposition 308, approved by voters in 2022. It allows students who are not lawfully present in the country to qualify for in-state tuition and state financial aid if they attended an Arizona high school for at least two years and graduated from an Arizona high school or its equivalent.
The Arizona Attorney General’s Office disputes the federal government’s interpretation of the law. It argues that Proposition 308 bases eligibility on a student’s Arizona education history rather than immigration status or state residency, putting the law outside the federal restriction cited in the lawsuit.
The case could determine whether Arizona can continue applying its voter-approved tuition rules while the federal government pursues a broader challenge to similar policies nationwide. The Arizona Board of Regents said it is reviewing the lawsuit and coordinating with state officials on next steps.
