Arizona University Students Challenging Out-of-State Tuition Charges

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A group of Arizona university students have filed a class action lawsuit alleging they were wrongly charged out-of-state tuition.

Mikayla Foss, Eleanor Wiersma, and Abigail Garbarino filed the class action lawsuit against the Arizona Board of Regents, claiming they were wrongfully classified as out-of-state students and charged higher tuition. The class action was prompted by the Arizona Board of Regents’ decision to allow DACA students to apply for in-state tuition.

In 1996, Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, also known as the Welfare Reform Act. The Welfare Reform Act removed the availability of public benefits for undocumented immigrants. The Act was designed to incentivize legal immigration and encourage undocumented immigrants to apply for legal citizenship.

Part of the Welfare Reform Act states “an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit.”

Congress currently has not made a decision on whether DACA students qualify as “lawfully present” and have allowed states to decide individually whether or not to extend in-state tuition for DACA state residents. For the 2017-2018 school year, the Arizona Board of Regents allowed DACA students to apply for in-state tuition with proof that they are Arizona residents.

However, in June 2017, the Arizona Court of Appeals determined that in state tuition was “the quintessential residence-based, post-secondary education benefit.” The court further determined that if DACA students were allowed to apply for in-state tuition, the right should be extended to all out-of-state residents as well.

Foss is a full time campus student at Arizona State University majoring in Exercise & Wellness. Her parents are classified as California citizens and, although she resides in-state, she was classified as an out-of-state student.

Wiersma is a full-time campus student at the University of Arizona majoring in Criminal Justice. Her parents are classified as Maryland residents and, although she resides in-state, she was classified as an out-of-state student.

Likewise, Garbarino is a full-time campus student at ASU. Her parents are classified as Michigan residents and, although she resides in-state, she was classified as an out-of-state student.

Foss, Wiersma, and Garbarino claim that they were not allowed to apply for in-state tuition when they are legally entitled based on the Welfare Reform Act. They argue that they were legally entitled to apply for in-state tuition and that charging them out-of-state tuition is illegal.

The plaintiffs seek to represent a Class of U of A, ASU, or Northern Arizona University students who were classified as out-of-state residents for the 2017-2018 school year and paid more than they would had they received the in-state tuition rate. The class action seeks a Class certification, disgorgement, damages, court costs, and attorneys’ fees.

The plaintiffs are represented by B. Lance Entrekin of The Entrekin Law Firm and Daniel P. J. Miller of Tucker & Miller.

The University of Arizona Tuition Class Action Lawsuit is Foss, et al. v. Arizona Board of Regents, Case No. CV2018-006692, in the Superior Court of Arizona in and for Maricopa County.