The Department of Justice on Thursday sued Arizona and the state Board of Regents over a law granting in-state tuition to undocumented students who attended and graduated from Arizona high schools.
The Trump administration alleges Proposition 308, which voters narrowly approved in 2022, “constitutes blatant unequal treatment favoring illegal aliens over U.S. citizens” and is “squarely prohibited and preempted by federal law.” The lawsuit asks a federal judge to declare the law unconstitutional and permanently prohibit its enforcement.
Prop. 308 made students eligible for in-state tuition if they graduated from an Arizona high school after attending for at least two years, regardless of their immigration status. Prior to its passage, national experts estimated that 3,600 undocumented students could qualify for in-state tuition annually.
An AZCIR investigation earlier this year found that schools documented far fewer students receiving the reduced tuition, in part because they lacked a uniform system for implementing and tracking the policy. The federal government now argues that Prop. 308 is unlawful regardless of how many students benefited from it.
Though Arizona’s law did not make residency an explicit requirement, the DOJ contends that attending an Arizona high school for at least two years is “a near-perfect proxy for residence,” since public schools are required to collect “verifiable documentation of residency” when students enroll.
Arizona Attorney General Kris Mayes, who previously defended Arizona’s policy as consistent with federal law, rejected that interpretation. Her spokesperson, Richie Taylor, said the complaint “rests on a faulty premise.”
Sign up. Get engaged.
Get AZCIR’s latest investigations and updates delivered straight into your inbox.
Megan Gilbertson, a spokesperson for the Arizona Board of Regents, said in a statement that officials are “reviewing the lawsuit and will work closely with Arizona leaders on the appropriate next steps.”
The Trump administration has filed similar suits in 20 other states, including three also filed Thursday against New Mexico, Washington and Oregon. Some, like Florida, have voluntarily rescinded their policies, while others, like Minnesota, have defended their legality.
Tyler Montague, a Republican strategist and former chair of Yes On 308, said the federal challenge of Arizona’s law doesn’t make sense from a policy perspective.
“There are plenty of issues and problems surrounding undocumented immigration, but kids starting to go to college to be self-sufficient aren’t one of them. They’re one of the opportunities in that realm,” he said.
Prop. 308 took effect at Arizona’s public colleges and universities in spring 2023. But the law did not require schools to report how many students used the tuition provision.
As part of its investigation, AZCIR requested information from 22 public community colleges and universities on how many students had received in-state tuition through Prop. 308. Only seven schools could provide data, while 14 said they did not track usage. One did not answer.
Across the seven schools, about 720 students had received the in-state rate as of fall 2025, the majority of them at Arizona State University. For comparison, nearly 12,000 undocumented students are estimated to be enrolled in higher education in Arizona, with about 1,000 graduating from high school in the state each year.
Advocates who work with undocumented students told AZCIR that differences in how schools implemented the policy had created confusion. They suspected some students were still paying the higher tuition rate—150% of the in-state rate—that applied to undocumented students at state universities before Prop. 308 passed. Others may not have known about the lower rate and therefore not seen college as a realistic option, they said.
Carolina Silva, executive director of ScholarshipsA-Z, a southern Arizona nonprofit working with undocumented students, called the lawsuit part of a broader effort to reverse in-state tuition policies for undocumented students and restrict their access to higher education. She said Prop. 308 was approved by voters and is consistent with state and federal law, adding that her organization expects the challenge “will not hold up in court.”
Support AZCIR
Help AZCIR do more to keep you informed.
Prefer to send a check? Mail it to AZCIR: PO Box 3665, Phoenix, AZ 85030
Aliento, a nonprofit that works with undocumented Arizonans and has advocated for stronger implementation of Prop. 308, similarly criticized the lawsuit as an effort by the DOJ to “do everything they can to stop Dreamers from attending college” in a statement to AZCIR.
“Dreamers” typically refers to immigrants who were brought to the United States without legal status as children and grew up here. Many have temporary deportation protection and work authorization through the Deferred Action for Childhood Arrivals, or DACA, program.
“For Arizona Dreamers, it is important for you to know that you belong in higher education and you have the support of Arizona voters and Aliento,” CEO Reyna Montoya said. “A lawsuit does not change Dreamers ability to pay in-state tuition. This can be confusing, but I encourage you all to keep going and get an education.”
RELATED
Arizona voters approved in-state tuition for undocumented students. The state left implementation to chance.
After Arizona voters approved a 2022 ballot initiative granting in-state tuition to undocumented students, the state put no centralized system in place to track participation or ensure consistent implementation across colleges and universities. Three years later, it remains difficult to say how many students have actually benefited.
