Saying they are comfortable with their decision, members of the Board of Regents told Attorney General Mark Brnovich Thursday they have no plans to hike tuition for dreamers — at least not until the Supreme Court orders them to do it.
In a letter to Michael Bailey, Brnovich’s chief deputy, regents President Eileen Klein urged him not to pursue legal action against the board over the policy to allow those in the federal Deferred Action for Childhood Arrivals program to pay in-state tuition if they meet other residency requirements.
She acknowledged that the Court of Appeals ruled just last month that an identical policy by the Maricopa County Community College District governing board is illegal. In that lawsuit brought by the attorney general’s office, the judges said that policy violates both state and federal law.
But Klein pointed out the Maricopa colleges are asking the state Supreme Court to overturn that decision. And she urged Bailey to wait until that ruling comes out — something that could take months — before proceeding against the university system.
Bailey, in his original demand last month for the regents to explain their policy, had indicated that, in general, his office prefers to await a final court ruling in pending cases before looking for others to sue over the same issue.
What’s different this time, though, is that former state Senate President Russell Pearce is threatening to sue if Brnovich does not.
He can do that because Arizona law specifically allows for citizen lawsuits to enforce the law if state officials do not act within 60 days of a demand. And that deadline is Sept. 9.
Judicial Watch attorney Jim Peterson,…
click here to read more.