Immigration Reform 2015: Arizona Judge Rules Dreamers Entitled To In-State Tuition

IBTimes.com ^ | 05/05/2015 | Marcy Kreiter

[GIdget2004]

A judge in Phoenix Tuesday ruled so-called dreamers can pay the same tuition at state schools as other Arizona residents. Maricopa County Superior Court Judge Arthur Anderson ruled the federal government determines who is in the United States legally, rejecting arguments from the state Attorney General's Office that those accepted into the Obama administration's Deferred Action for Childhood Arrivals (DACA) program are in the country illegally.

Anderson ruled states don't get to decide who is and is not in the country legally -- something Arizona has tried to do for a number of years. President Obama in 2012 ordered the Department of Homeland Security not to deport certain undocumented youths who came to the United States as children and expanded the program last November. The program allows these undocumented youths to apply for work permits but does not grant them a path to citizenship.

"The state cannot establish subcategories of 'lawful presence,' picking and choosing when it will consider DACA recipients lawfully present and when it will not,'' Anderson wrote, adding employment authorization documents, which permit dreamers to work, are an "appropriate documentation of lawful presence.''

[Blood of Tyrants]

Sorry ass liberal judge.

[Tennessee Nana]

Anderson ruled states don't get to decide who is and is not in the country legally

[M-cubed]

The program allows these undocumented youths to apply for work permits but does not grant them a path to citizenship. (1st MISTAKE)

“The state cannot establish subcategories of ‘lawful presence,’ picking and choosing when it will consider DACA recipients lawfully present and when it will not,’’ Anderson wrote, adding employment authorization documents, which permit dreamers to work, are an “appropriate documentation of lawful presence.’’ (2nd MISTAKE)

[stephenjohnbanker]

” Anderson ruled states don’t get to decide who is and is not in the country legally -”

Neither does Obama.

[Regulator]

Gosh that’s great.

So, uh...when does the clock start?

Used to be that Arizona required 1 year before you could be a resident for fee purposes.

Even though I was born and raised there, the fact that I left for a few years and came back meant nothing. I was still a non-resident, had to pay out of state tuition.

So the little darlings get residency counted from when? 1 year after Obama un-constitutionally grants them “legal presence” or the day they get it?

If it’s the latter they have more rights then Americans.

Judge Hanen needs to expand the injunction to include the DACA fraud.

[stephenjohnbanker]

” So the little darlings get residency counted from when? 1 year after Obama un-constitutionally grants them “legal presence” or the day they get it?

If it’s the latter they have more rights then Americans.

Judge Hanen needs to expand the injunction to include the DACA fraud.”

Hear that, Hanen?

Where do I sign up to be an illegal immigrant ?

[the_daug]

If the students first language is English I have no problem with the judge. The government failed ever since 1986 amnesty to do their job. I’m not going to demand someone brought here as a child to a standard not attainable. Immigration is broken an will be till politicians quit using it and fix it. If the school is funded by the fed they’re required to accept these kids.

[Zenjitsuman]

I am from next door Nevada, and my kid goes to ASU and can’t get in state tuition as a citizen from an adjacent state.

And we have relatives living in Arizona.

[kabar]

If the students first language is English I have no problem with the judge.

Why should this "child" receive preferential treatment over an out of state student? This "child" is taking the place of a slot that could be filled by a legal resident of this country.

The government failed ever since 1986 amnesty to do their job. I’m not going to demand someone brought here as a child to a standard not attainable.

So the failure of the government to secure the borders or enforce our immigration laws means that everyone who got here should be legalized? How do you define a "child?" Many of these "children" came here on their own, some as drug mules. Last summer we had an invasion of children coming here and being welcomed. Now Obama is flying the parents to the US to be reunited with their children. When you reward something, you get more of it.

Immigration is broken an will be till politicians quit using it and fix it. If the school is funded by the fed they’re required to accept these kids.

K thru 12 must accept illegal aliens, but the colleges do not.

These Dreamers who received amnesty from Obama in 2012 (580,000 have been legalized and given work permits and SSNs) can be up to 30 years old. They apply with 99.4% be accepted. How much fraud is involved? Here are the criteria Obama's executive DACA amnesty uses to legalize these lawbreakers:

Individuals who meet the following criteria can apply for deferred action for childhood arrivals:

are under 31 years of age as of June 15, 2012; came to the U.S. while under the age of 16;

have continuously resided in the U.S. from June 15, 2007 to the present. (For purposes of calculating this five year period, brief and innocent absences from the United States for humanitarian reasons will not be included);

entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;

were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;

are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;

have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind; and

do not pose a threat to national security or public safety.

[Ben Ficklin]

"counted from when?"

When they or their parents began paying taxes.

Its determined by where/when you pay taxes.

[WMarshal]

Kids should register for schools as non-citizens and refuse to disclose their social security number or identification.

[the_daug]

I don’t like the fact the government didn’t do their job. I was against amnesty in 1986. But when I hired out of job service and I question i9 documents of the individual sent and have the government threatened me with EEOC investigation. I’m think the legal principle of like adverse possession applies. The time to send them back has passed it’s time to deal with these kids who were brought here. Sure there is fraud sure there were criminals but there were kids who went through public schools too. If they grew up in that state or meet the criteria for resident other than the legal limbo they’re in let them pay in state tuition or stop accepting federal student aid.

[kabar]

The time to send them back has passed it’s time to deal with these kids who were brought here.

What kind of logic is that? No deportations ever? As I mentioned, many of these "children" are teenagers who came here on their own. This leftist claptrap of the "kids" is just an appeal to emotion. We put American parents in jail and the kids are put in foster homes or with relatives. Why not send the parents and the kids home? Should we allow the parents to stay with their now legalized children? That is happening. Obama has issued a directive that essentially protects the parents of these "children" from being deported. He is now trying to provide legalization to 5 million lawbreakers.

Sure there is fraud sure there were criminals but there were kids who went through public schools too. If they grew up in that state or meet the criteria for resident other than the legal limbo they’re in let them pay in state tuition or stop accepting federal student aid.

They are not legal residents of the state or this country. You are conferring rights on lawbreakers. These Dreamers can apply up to age 30 for legalization. They get SSNs and work permits thus competing legally against Americans for jobs.

When does the rolling amnesty you propose end? Do we have to legalize any child who comes into the US? 40% of the illegal aliens come here legally and then overstay their visas. I guess their 15 year old "child" can stay here legally.

You tie all this to the club of federal aid. What a bunch of BS. Obama legalized their status unconstitutionally and now the states must accept this lawlessness as the basis for granting in-state tuition to the lawbreakers. Usually, in-state tuition is a third of the costs to out of state or foreign students. The taxpayers of the state are subsidizing people who shouldn't even be here.

[the_daug]

That’s right! No deportation for “dreamers” most of them here English is their native language. Their parents speak Spanish and they answer in English.

You see I thought we were talking about dreamers. I see these families here who siblings are mixed US citizens and not citizens. I’m not interested in having my government trouble those families.

There would be no roiling amnesty if the government had enforced the law the last 28 years. If the government doesn’t enforce the law it has no effect. That’s why I used the analogy of “Adverse Possession”. You don’t maintain your property and your neighbor uses a portion of your property for a number of years and then you decide to assert your property rights. A judge tells you don’t own that portion any more your neighbor is using because now it belong to him by adverse possession.

I’m all for rule of law but not if it is not enforced for a number of years then instead of an individual is affected there is a whole family.

[machogirl]

Illegal Immigrants are required by LAW to obey the Selective Service Law. It doesn’t matter if they are 26+ now, if they were here during the 18-25 sign up age, they were required. If they did not they may: have citizenship denied, no federal jobs, no federal student aid.

I did my own research a couple years ago. The approx rate of Illegal Immigrant men that complied with Selective Service was near ZERO (if not zero).

[kabar]

That’s right! No deportation for “dreamers” most of them here English is their native language. Their parents speak Spanish and they answer in English.

First, you seem to ignore the fact that many of these Dreamers came here by themselves. You are advocating a rolling amnesty that goes on forever. As long as someone 15 or younger can get into this country, they will be legalized. Is it any wonder we had the invasion last summer of "children" (the overwhelming majority of whom were teenagers) and the numbers are now picking up again. And you failed to answer what should be done with the parents of these "children?"

There would be no roiling amnesty if the government had enforced the law the last 28 years. If the government doesn’t enforce the law it has no effect.

There were deportations and other enforcement actions taken, but it was not enforced enough. Enforcement got a lot worse under Bush 43 and Obama.

hat’s why I used the analogy of “Adverse Possession”. You don’t maintain your property and your neighbor uses a portion of your property for a number of years and then you decide to assert your property rights. A judge tells you don’t own that portion any more your neighbor is using because now it belong to him by adverse possession.

Does that apply to criminal activity? If the government can't prosecute all murderers or robbers, then their crimes must be forgiven? Are you supporting the legalization of all 12 to 20 million lawbreakers?

I’m all for rule of law but not if it is not enforced for a number of years then instead of an individual is affected there is a whole family.<>?i>

Phony premise. The law was being enforced. We have millions of deportations and apprehensions at the border. The problem is that we are not devoting enough resources and effort to do a better job of enforcement, And now we have a lawless President who is legalizing millions of lawbreakers and opening the flood gates to more legal immigration and guest workers.

[machogirl]

The Regents were getting ready to approve “dreamers” pay 50% less than non-residents.

How does someone here illegally, parents here illegally (not supposed to be working) able to pay for: school, cars, food, clothing, housing, etc? (rhetorical and sarcastic).
Fraud, fraud benefits, working for cash, fake ID, and IF filed a tax return qualifying for deductions that American citizens have to SHOW A SOCIAL SECURITY NUMBER FOR (dependents)?

How does one pay 5000 bucks for a smuggler?

I think IIRC that it’s either 1/4 or 1/5 of Mexico’s economy. (money sent back home)

http://azregents.asu.edu/legislativeaffairs/newsreleases/AZ%20Board%20of%20Regents%20Statement%20Regarding%20In-State%20Tuition%20for%20DACA%20Students.pdf

http://azregents.asu.edu/legislativeaffairs/newsreleases/2015%2016%20Board-Approved%20Base%20Tuition%20and%20Fees.pdf

[the_daug]

You ad on to what I’m saying. You can’t deny there are families with siblings where some were brought here and others are born here and are citizens. You can’t deny there are families that did not get deported cause the government didn’t check employment records. You can’t deny there are some in government would investigate EEOC suspected violations. You can’t deny that children that some brought here has English as their native language. Because if you do deny it then that makes you a liar. Plain and simple.

The collage accepts federal financial aid so the judge gave an expected decision.

[kabar]

You can’t deny there are families with siblings where some were brought here and others are born here and are citizens. i>

In the case of the former, they are all here illegally. The latter are US citizens, but they can be deported along with their parents and won't be able to reenter the country until they reach 21 despite being citizens thru birthright citizenship. One out of every 10 children in this country are the children of illegal aliens. It is why they are called anchor babies.

You can’t deny there are families that did not get deported cause the government didn’t check employment records.

It is illegal for them to work here and it is illegal for employers to hire them. E-verify is currently a voluntary program. It should be made mandatory.Immigrants, legal and illegal are taking American jobs and depressing wages.