In Arizona, the future of in-state tuition for undocumented students hangs in the balance as legal challenges loom. Attorney General Kris Mayes has committed to defending a state law that expands access to in-state tuition, bringing hope to many students.
The law in question, Prop. 308, was approved by voters in 2022. It allows students who have attended school in Arizona for at least two years and graduated from an Arizona high school to qualify for in-state tuition, irrespective of their immigration status. This development comes amidst a broader national debate on education access for undocumented individuals.
However, the Trump administration’s Department of Justice filed a lawsuit at the end of August, claiming that Prop. 308 contravenes federal law and discriminates against U.S. citizens. This lawsuit is part of a series of legal actions initiated after a 2025 executive order mandating the Justice Department to challenge state laws that allegedly favor undocumented immigrants.
“The Department of Justice is going state-by-state and suing them,” said Jose Patiño, a DACA recipient and the vice president of education and external affairs at Phoenix-based immigrant advocacy group Aliento. “Some of them successfully, some of them not, and some of them pending.”
Patiño views Arizona’s law as robust and anticipates it will withstand legal scrutiny. He highlights that for many undocumented students, the law has opened the door to higher education opportunities. Yet, the ongoing legal dispute has introduced uncertainty.
“It’s a rollercoaster of emotions, because a lot of students mentioned that part of the reason they were able to stay in college or even start is because prop 308 is the law,” Patiño said. “Those who are currently our juniors or seniors, and some of them who are currently in high school, like first year or second year, are just concerned that they won’t be able to continue their education.”
Patiño’s organization is actively reassuring students, educational institutions, and families that, despite the lawsuit, Prop. 308 remains effective at present.
