Aliento Responds to Executive Order Threatening In-State Tuition for Dreamers
Phoenix, AZ — On April 28, 2025, President Trump signed an Executive Order directing federal agencies to take action against states that offer in-state tuition to undocumented students, citing federal law (8 U.S.C. § 1623). This Executive Order could potentially strip away tuition equity for thousands of immigrant students, even those who have lived and studied in their home states for years.
The order erroneously claims that states are violating federal law by providing in-state tuition rates to Dreamers. In reality, under 8 U.S.C. § 1623, undocumented and DACA students are eligible for in-state tuition if they meet non-residency-based criteria, such as graduating from a high school in the state after physically attending for a certain period.
This action seeks to eliminate tuition equity, strip existing protections, and create new barriers for immigrant students striving to pursue higher education and achieve their dreams. It inaccurately labels state policies supporting undocumented students as “lawless” and a violation of federal supremacy, misrepresenting states' rights to define educational benefits based on factors like high school attendance.
It is essential to make clear that Arizona’s Proposition 308 is still the law.
In 2022, Arizona voters decisively approved Proposition 308, allowing Dreamers to access in-state tuition at Arizona public colleges and universities. Eligibility under Prop 308 requires:
Physically attending an Arizona public, private, or homeschool high school for at least two years,
Graduating from an Arizona high school or obtaining an Arizona-issued high school equivalency diploma (GED),
And not holding a non-immigrant visa under the classifications described in 8 U.S.C. § 1101(a)(15).
These provisions apply regardless of the student's immigration status, meaning that undocumented students and DACA recipients who meet the above criteria are eligible for in-state tuition rates at Arizona public colleges and universities.
At Aliento, we believe that all students, regardless of immigration status, deserve the opportunity to pursue higher education. Our communities are stronger when we lift each other up. We encourage Dreamers and immigrant students to continue pursuing their education without fear—this Executive Order is likely to face legal challenges.
Dreamers are not alone. We stand firmly with immigrant students.
