Brnovich, ABOR agree to dismiss lawsuit over tuition for dreamers

Photo by University of Arizona

Arizona Attorney General Mark Brnovich and the Arizona Board of Regents agreed to dismiss the remaining claim in a 2017 lawsuit over the tuition rates granted to some undocumented students. 

In November, the Arizona Supreme Court rejected most of Brnovich’s claims in the lawsuit, but allowed his claim that ABOR illegally spent public funds when granting in-state tuition to some public university students who have no immigration status to be reconsidered in Maricopa County Superior Court. 

In a Jan. 29 court document, Brnovich’s office told the court that he and the governing body for Arizona’s three public universities had agreed to dismiss that remaining claim. 

The agreement puts an end to the lawsuit, ABOR President Larry Penley said in a Jan. 28 statement.

“On behalf of all Arizonans and future generations, the board remains steadfast in its commitment to ensure access to an affordable, quality higher education that remains within reach of Arizona families,” he said. 

No public university students with no lawful immigration status currently benefit from in-state tuition rates in Arizona. Some students who benefit from the Deferred Action for Childhood Arrivals program did receive in-state rates between May 7, 2015 and  April 9, 2018, according to ABOR. 

A proposal in the state Senate seeks to repeal a 2006 voter-approved law that prohibits people with no legal immigration status from accessing in-state tuition and financial aid.  . 

Another proposal in the House, which Brnovich’s office supports, would give the state attorney general to sue over tuition, the Associated Press reported.

Laura Gómez
Reporter Laura Gómez Rodriguez covers state politics and immigration for the Arizona Mirror. She worked for The Arizona Republic and La Voz Arizona for four years, covering city government, economic development, immigration, politics and trade. In 2017, Laura traveled the length of the U.S.-Mexico border for “The Wall,” the Pulitzer Prize-winning project produced by The Arizona Republic and USA Today Network. She was named Best Investigative Reporter by Phoenix Magazine in its 2018 newspaper category and has been honored by the Arizona Press Club for Spanish-language news and feature reporting. She is a native of Bogotá, Colombia and lived in Puerto Rico and Boston before moving to Phoenix in 2014. Catch her researching travel deals, feasting on mariscos or playing soccer.