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Attorneys general

Arizona Attorney General Insulates State's In-State Tuition Rate for Undocumented Students from Federal Challengest

Strategic Insights

— 2 min read

Amid a wave of litigation from the federal government seeking to end in-state tuition rates for undocumented students, Arizona Attorney General Kris Mayes says the decision by voters to make college more affordable for noncitizen students in the Grand Canyon State complies with federal law -- insulating it against attacks from the Trump administration. The law, Proposition 308, was approved by voters three years ago, eliminating restrictions on college tuition rates and state financial aid that forced many undocumented students who graduated from Arizona high schools to pay exorbitant amounts or forgo college altogether. The law allows any student, regardless of their citizenship status, to qualify for in-state tuition rates and state-funded scholarships if they have lived in Arizona and attended a local high school for at least two years and graduated, or received equivalent documentation from homeschooling.

Key Takeaways:

  • Arizona Attorney General Kris Mayes has issued a legal opinion stating that Proposition 308, which allows undocumented students to qualify for in-state tuition rates and state-funded scholarships, is consistent with federal law.
  • Mayes argued that the federal law that prohibits noncitizens from receiving state or local public benefits, including postsecondary education, has an exception that allows states to pass laws that "affirmatively provide for such eligibility."
  • The attorney general concluded that Proposition 308 satisfies this exception because it modifies preexisting state law and sets new guidelines for eligibility, making it more difficult for undocumented students to afford higher education.
  • Mayes also argued that Proposition 308 does not violate the federal law that makes it illegal to base an undocumented person's access to in-state tuition rates on residency, as the law uses physical presence in the state and attendance and graduation from a local high school as eligibility criteria.
  • The decision comes as the Trump administration has filed lawsuits against other states challenging their in-state tuition policies and as Republican gubernatorial candidate Karrin Taylor Robson has shifted her stance on the issue, initially supporting Proposition 308 in 2022 but now backing Trump's efforts to end it nationwide.
  • Over 3,600 undocumented students graduate from Arizona high schools every year, and their ability to continue their education may depend on the law's future.
  • Mayes' opinion may provide a blueprint for other states facing similar challenges to their in-state tuition policies.

Statistics:

  • Over 3,600 undocumented students graduate from Arizona high schools every year. (https://www.americanimmigrationcouncil.org/research/proposition-308-arizona-dreamers)
  • 51% of Arizona voters approved Proposition 308 in 2022. (https://azmirror.com/subscribe)
  • The Trump administration has filed lawsuits against Texas, Kentucky, Minnesota, and Oklahoma challenging their in-state tuition policies. (https://www.msn.com/en-us/news/us/what-to-know-as-trumps-immigration-crackdown-strips-tuition-breaks-from-thousands-of-students/ar-AA1K2JhY?ocid=BingNewsSerp)

Sources:

  • (https://www.azag.gov/sites/default/files/2025-08/I25-006.pdf) Arizona Attorney General Kris Mayes, Legal Opinion, August 2025.
  • (https://azmirror.com/2022/11/04/prop-308-equal-tuition-rates-for-undocumented-students/) Arizona Mirror, "Prop 308: Equal tuition rates for undocumented students in Arizona," November 2022.
  • (https://www.americanimmigrationcouncil.org/research/proposition-308-arizona-dreamers) American Immigration Council, "Proposition 308: Arizona's Efforts to Support Undocumented Students in Higher Education," 2022.
  • (https://www.msn.com/en-us/news/us/what-to-know-as-trumps-immigration-crackdown-strips-tuition-breaks-from-thousands-of-students/ar-AA1K2JhY?ocid=BingNewsSerp) MSNBC, "What to know as Trump's immigration crackdown strips tuition breaks from thousands of students," 2025.
  • (https://scocal.stanford.edu/opinion/martinez-v-regents-uc-33914) California Supreme Court, Martinez v. Regents of the University of California, 2010.
  • (https://www.whitehouse.gov/presidential-actions/2025/04/protecting-american-communities-from-criminal-aliens/) The White House, "Executive Order on Protecting American Communities from Criminal Aliens," April 2025.

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