'Dreamers' could save thousands on Arizona tuition

• Proposal by regents would lower tuition for 'dreamers' to 50 percent more than in-state students.
• Rep. Kavanagh%3A "They are not here legally and they shouldn't receive any discounts.%22
• Supporters say 'dreamers' still want to pay the same tuition as in-state students.

Undocumented students like Enrique Bojorquez could save thousands of dollars on their college-tuition bills if a proposal made Monday by the Arizona Board of Regents is passed in June.

The regents proposed lowering the undergraduate-tuition rate for some undocumented students, known as "dreamers," who have graduated from Arizona high schools. They would pay only 50 percent more than what in-state students pay at the state's three universities.

"Tuition is the number one issue right now limiting my education and just as many other students," said Bojorquez, a 22-year-old junior who is a part-time student at Arizona State University.

"I just want to finish college to continue on to graduate school and be able to help not only my family but to help the city, help improve the state and hopefully make some positive change."

The proposal would apply to students like Bojorquez who graduated from Arizona high schools and are approved for President Barack Obama's deferred action from deportation program. Dreamers were brought to the U.S. as children illegally by their parents.

These students now pay out-of-state tuition, which can be more than twice what in-state students pay. At ASU, out-of-state rates for tuition and fees are $24,503 this year for undergraduates compared with $10,157 for in-state students.

The new rate would also apply to students who have graduated from an Arizona high school, left the state for a period of time and want to return to Arizona to attend college.

The regents, who set tuition rates for Arizona State University, University of Arizona and Northern Arizona University, have been under pressure for the past few years to enact a lower tuition rate for dreamers.

However, a state law passed by Arizona voters prohibits undocumented students from receiving in-state tuition rates or state-funded financial aid.

The regents plan to discuss the proposal at their May 4 meeting and vote in June.

The proposal began generating controversy almost immediately after it was announced on Monday.

State Rep. John Kavanagh, R-Fountain Hills, said he has a problem with the proposal and he's not even sure the change would be legal under state law.

"I support legalizing Dream Act kids ... but until such time it's done, they are not here legally and they shouldn't receive any discounts," he said.

Gov. Doug Ducey's office did not have an immediate comment, but Daniel Scarpinato, the governor's spokesman, said in an e-mail, "We will be reviewing the policy in full."

Ducey is a member of the regents by virtue of his elected position.

Regents Chairman Mark Killian said the proposal is a fair policy that fits within the law.

"We feel legally this is appropriate," he said.

Killian said he plans to support the proposal when it comes to the regents for a vote.

Maricopa Community Colleges have taken the opposite approach with tuition rates.

The college took the position that students approved for deferred action qualify for in-state tuition. Then-Arizona Attorney General Tom Horne sued the colleges over this position in 2013. He maintained the policy violates state law because it gives public benefits to undocumented immigrants.

A decision on the lawsuit is pending in Maricopa County Superior Court.

Bojorquez, who is studying urban planning, said he is "kind of divided" on the proposal.

"On one hand, I'm happy. Hopefully this gets through and I'm able to pay a lower tuition, possibly take a class or two more."

But equal tuition would expedite school even faster as well as make him feel like an equal, he said.

"I'm pretty happy that the regents are opening to issues such as this one that are affecting a large population, a population that sometimes is neglected or never fully considered," Bojorquez said.

Erika Andiola, of the Dream Action Coalition and the Arizona Dream Act Coalition, also said the latest proposal would be a positive step, but it does not go far enough.

She said students from Tucson, Flagstaff and Phoenix have been pressuring the regents for months to allow dreamers with deferred action to pay the same amount for tuition as other residents of Arizona.

"I'm pretty sure students are going to continue to pressure for 100 percent," she said.

This is not the first time the regents have tackled a proposal to possibly lower tuition rates for dreamers.

In 2013, then-regent and former U.S. Sen. Dennis DeConcini proposed creating a new tuition rate at 110 percent of in-state tuition, or about $11,000 annually, for dreamers. But his motion was supported by only one other regent at the time, LuAnn Leonard.

"To me, they are innocent victims that have been brought here when their parents broke the law," DeConcini said.

Republic reporter Daniel Gonzalez contributed to this article.

Reach the reporters at: (602-444-8072) or anne.ryman@arizonarepublic.com and (602-444-4307) or kaila.white@arizonarepublic.com.