NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE MIKAYLA FOSS, et al., Plaintiffs/Appellants, v. ARIZONA BOARD OF REGENTS, Defendant/Appellee. No. 1 CA-CV 18-0781 FILED 11-7-2019 Appeal from the Superior Court in Maricopa County No. CV2018-006692 The Honorable Teresa A. Sanders, Judge AFFIRMED COUNSEL The Entrekin Law Firm, Phoenix By B. Lance Entrekin Co-Counsel for Plaintiffs/Appellants Tucker & Miller, LLLP, Phoenix By Daniel P. J. Miller Co-Counsel for Plaintiffs/Appellants Osborn Maledon, PA, Phoenix By Lynne C. Adams, Mary R. O’Grady, Emma Cone-Roddy Counsel for Defendant/Appellee FOSS, et al. v. ABOR Decision of the Court MEMORANDUM DECISION Judge David D. Weinzweig delivered the decision of the Court, in which Presiding Judge Randall M. Howe and Chief Judge Peter B. Swann joined. W E I N Z W E I G, Judge: ¶1 Arizona law directs that Arizona residents are entitled to reduced in-state tuition rates at Arizona’s public universities. Meanwhile, federal immigration law prohibits undocumented aliens from receiving in- state tuition benefits unless the same benefits are provided to all United States citizens and nationals. At issue here is whether three non-resident students are entitled to recoup the cash difference between in-state and out- of-state tuition for the 2017-2018 academic year because a discrete group of undocumented aliens received in-state tuition rates to attend Arizona’s public universities during that period. The superior court dismissed the lawsuit for failure to state a claim because the non-resident students had no contract or entitlement to receive the reduced tuition rates provided to Arizona residents. We affirm. FACTS AND PROCEDURAL BACKGROUND ¶2 On appeal from a motion to dismiss, this court “assume[s] the truth of [all] well-pled factual allegations and indulge[s] all reasonable inferences therefrom.” Cullen v. Auto-Owners Ins. Co., 218 Ariz. 417, 419, ¶ 7 (2008). ¶3 The Arizona Board of Regents (ABOR) is the governing body for Arizona State University, the University of Arizona and Northern Arizona University. ABOR fixes student tuition rates under Arizona law, which directs that Arizona residents enjoy reduced in-state tuition rates at Arizona’s public universities. A.R.S. §§ 15-1626(A)(5), -1802(A). To achieve resident status, a student must meet the requirements set forth in A.R.S. § 15-1802(B), including that “the person is domiciled in this state for one year.” ¶4 Plaintiffs Mikayla Foss, Eleanor Wiersma and Abigail Garbarino were students at either Arizona State University or the University of Arizona during the 2017-2018 academic year. They are United States citizens, but not Arizona residents, and thus paid out-of-state tuition. 2 FOSS, et al. v. ABOR Decision of the Court ¶5 To understand their claims, we turn to the federal Illegal Immigration Reform Act and Immigrant Responsibility Act and the Deferred Action for Childhood Arrivals program. Illegal Immigration Reform Act ¶6 In 1996, the federal government passed the Illegal Immigration Reform and Immigrant Responsibility Act. Pub. L. No. 104- 208, 110 Stat. 3009 (1996). As ...
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