Policy may help dreamers pay for tuition

PHOENIX — A littleknown policy of the Board of Regents could blunt the financial effect on dreamers of a new court ruling denying them in-state tuition.

The policy says anyone who is a graduate of an Arizona high school but does not otherwise meet the definition of “residency’’ can attend any of the state’s three universities for 150 percent of what in-state students are charged.

That would still be a financial hit for those affected, pushing tuition at the University of Arizona, for example, up to more than $17,000 a year. By contrast, tuition and mandatory fees for this coming year for continuing Arizona undergrads is $12,228.

But it’s still far better than what it would cost if these students were forced to pay full out-of-state tuition of $32,429.

And there may be another option, at least for students who already are in school.

Both UA and Northern Arizona University have a programs where once a student is enrolled there is a guarantee of no tuition increases for the four years. That raises the question of whether those programs — UA calls it a ``guarantee’’ while NAU terms it a “pledge’’ — could be seen as an enforceable contract.

But there’s also the contrary argument that a contract which is contrary to law is void.

The issue involves a 2006 voter-approved state law forbids the use of taxpayer funds to subsidize the tuition or fees of people who are “without lawful immigration status.’’

In 2012 the Obama administration adopted the Deferred Action for Childhood Arrivals program which says that people who came to this country illegally as children can remain without fear of deportation if they meet certain other conditions. They also are given Employment Authorization Documents entitling them to work.

In 2013 the governing board of the Maricopa County Community College District decided that it would accept those EADs as proof that DACA recipients are here legally and entitled to resident tuition. After a trial judge upheld that interpretation in 2015, others followed suit, including the Board of Regents.

On Tuesday, however, the state Court of Appeals disagreed, saying that while the federal policy permits those in DACA to remain without fear of deportation, they are still here contrary to federal law. Unless overturned, that voids the policies of permitting them in-state tuition.

As it turns out, the universities already have a back-up plan.

Just days before the trial judge ruled in 2015, the regents adopted a modified rate, one specifically designed for DACA recipients. Crafted by Regent Jay Heiler, it sets a special tuition at 150 percent of what a normal resident would pay.