State of Arizona, ex rel. Attorney General Mark Brnovich, Plaintiff/counter-Defendant/appellant v. Maricopa County…

Summary

The court held that recipients of Deferred Action for Childhood Arrivals are not eligible for in-state tuition in Arizona. It reasoned that, for public-benefit purposes, only aliens within the categories identified as eligible under 8 U.S.C. § 1621(a) are "lawfully present" under 8 U.S.C. § 1623(a), and DACA recipients do not fall within those categories. Arizona also has not made in-state tuition available to all United States citizens and nationals without regard to residence. The court vacated part of the court of appeals' opinion and remanded for proceedings consistent with its decision.