Arizona seeks dismissal of federal lawsuit over college tuition
State attorneys argue the federal government lacks standing to challenge a 2022 ballot measure that lowered costs for specific noncitizen students.
By William Turner ·
Ten million and five hundred thousand dollars is the amount of alleged economic damage the Department of Justice attributes to the last school year under Arizona’s recent tuition policy. State attorneys filed a motion on Sunday asking a federal judge to dismiss the administration’s lawsuit, arguing the federal government cannot sue over a loss that belongs to the state’s institutions rather than the national treasury.
Assistant Attorney General Hayleigh Crawford wrote to U.S. District Court Judge Murray Snow that the government fails to meet the legal standard for standing. She stated that only parties showing a concrete and particularized injury, whether actual or imminent, can bring such a case. The Trump administration initiated the suit earlier this year, claiming the state law violates federal statutes and a presidential executive order.
Crawford contended that any financial impact from reduced tuition payments accrues to Arizona and its universities, not the United States. She noted that the administration’s claimed damages figure is incorrect but argued that the specific amount is irrelevant to the standing issue. The core legal dispute centers on whether the federal government can challenge state education policies when the direct economic burden falls on state entities.
The policy in question stems from Proposition 308, which voters approved in 2022 by a margin of 51.2 percent to 48.8 percent. The measure allows certain individuals who graduated from an Arizona high school and meet other conditions to pay in-state tuition regardless of their immigration status. This change overrides a 2006 ballot measure, Proposition 300, which had previously denied subsidized tuition to those not legally present in the country.
Under the current law, eligible students must have attended a public or private school or been homeschooled while physically present in the state for at least two years and graduated while in Arizona. Crawford provided examples of eligible students, including those who cross state borders daily or attend boarding schools in Arizona while residing elsewhere. She clarified that students who move to the state only for their final year of high school do not qualify.
The financial gap between resident and non-resident students is substantial at public universities. At the University of Arizona, in-state undergraduate tuition stands at $13,906 per year, while out-of-state tuition costs $43,068. The Trump administration’s executive order directs the Department of Justice to act against states providing benefits to noncitizens that are not available to all American citizens, specifically citing in-state tuition laws.
Crawford argued that recent federal court rulings in Illinois, Texas, and Nebraska favoring the administration do not apply because the statutory language in those states differs from Arizona’s. Judge Snow has not indicated when he will rule on the motion to dismiss. The case remains active in federal court as the state continues to defend the 2022 voter-approved changes to its higher education funding structure.
