Mayes calls Trump lawsuit against in-state tuition for immigrant students ‘baseless’

Arizona voters approved Proposition 308 in 2022, letting any student who attended an Arizona high school for two years and graduated pay in-state college tuition regardless of immigration status, reversing a 2006 law that barred it. The Justice Department sued, arguing the two-year high school attendance requirement is just residency by another name, which federal law prohibits states from using to benefit undocumented students.

Arizona Attorney General Kris Mayes, who anticipated the fight, issued a 2025 opinion arguing the law turns on educational attainment, not residency, since students who moved away or split time on tribal land across state lines can still qualify. Her spokesman called the DOJ suit baseless, and Prop. 308 backers, including a self-described lifelong Republican who ran the campaign for it, called the lawsuit spiteful and tone-deaf.

Advocacy group Aliento Arizona said it expects the law to survive the legal challenge, framing the suit as an attempt to keep Dreamers out of college rather than a genuine residency dispute.

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