Yavapai DACA policy bars in-state tuition for Dreamers; does not follow Pima community college, Maricopa community college or the University of Arizona; Governing Board has not reviewed the policy in recent past
[NEWS ANALYSIS] The Deferred Action for Childhood Arrivals (DACA) policy was created by the Obama administration in June 2012 with an Executive Order. Undocumented immigrants who meet certain criteria such as entering the country before the age of 16 and have not been convicted of any significant misdemeanors or felonies receive various protections. These protections include relief from deportation and the granting of a Social Security number and a work permit. Estimates are that from 600,000 to 750,00 undocumented immigrants are currently protected by this policy.
The “Dreamers” face an uncertain future at Yavapai Community College and elsewhere. They worry that the Obama executive order will be struck down by conservative courts and regardless of their situation, they will be deported. They also worry about how to pay outstate tuition even though they may have lived all their life in Arizona since being brought here by their parents illegally.
Yavapai College apparently rejects the position taken by Pima and Maricopa Community colleges regarding DACA status and residency for tuition purposes. On its website Yavapai College states that: “Documentation for both Arizona residency and US citizenship MUST be provided to the Answer Center by all students who wish to apply for in-state tuition status. US citizenship and Arizona residency are two separate requirements. Being a US citizen does not indicate that your Arizona residency status for tuition purposes is fulfilled. Yavapai College requires clear and convincing evidence to support any claims for Arizona residency status, in addition to proof of US citizenship.” Click here for residency tuition policy.
The policy of the University of Arizona is much different than Yavapai College when it comes to residency for DACA students. Click here to read University of Arizona DACA policy.
In an article by Rocky Baier in the Arizona Daily Wildcat of July 15, 2017 the plight of “Dreamer” Noemí Salazar Mata was described. Ms. Mata, is currently a junior studying journalism and Spanish for translation at the University of Arizona. She came to the United States in 1995, when she was one-year-old. She applied and received DACA status in 2012.
The article states that before coming to the UA, she was at Pima Community College for three years because she couldn’t move on.
“In order for me to go to the U of A I had to be international,” she told Mr. Baier. “I couldn’t be international because I didn’t have a student visa, so it was impossible. And I couldn’t be out of state because I wasn’t a resident, so I had to wait.”
The University of Arizona says it protects DACA students without having to declare sanctuary status, because as students they are protected under the Family Educational Rights and Privacy Act, or FERPA, which prevents the sharing of student information. Also, beginning in August 2016, the Immigrant Student Resource Center was created and is funded by student fees.
“Our support for them is unequivocal,” said UA President Ann Weaver Hart in the article. “The University of Arizona has welcomed and provided DACA students with all the support we can within our authority.” Click here to read the entire article in the Arizona Wildcat.
The Arizona Court of Appeals ruled June 23 that DACA students such as Ms. Mata are not eligible for in-state tuition regardless of their situation. However, the Unversity is continuing its DACA policy while the Court of Appeals’ ruling is being appealed. However, ex-senator Russell Pierce is threatening to sue the Arizona Board of Regents over its decision to continue offering in-state tuition to DACA students. Click here for story about Mr. Pierce’s threat.
On June 28, 2017 ten Republican state attorneys general urged federal authorities to rescind the policy set by Obama. If the federal government does not withdraw DACA, the attorneys general said they would file a legal challenge to the program in federal court in Texas. Click here for story about the ten attorneys general threat.