Maricopa Community Colleges

Residency and Citizenship Information

Arizona Immigration Law Facts

HB2008 (See generally Arizona Revised Statutes §§1-501 and 1-502)

Under this law passed in 2009, MCCCD, in administering any "federal public benefit" or "state or local public benefit," must require each natural person who applies for the benefit to submit one of 12 specific types of documents to demonstrate lawful presence in the United States (see Acceptable Documents to Establish Lawful Presence). That person must also sign a sworn affidavit stating that the documents are true. Failure of an MCCCD employee who administers that MCCCD benefit to report "discovered violations of federal immigration law" is a class 2 misdemeanor. The employee's supervisor is also guilty of a class 2 misdemeanor if he or she knew of the failure to report, and failed to direct the employee to do so.

Only those with a lawful presence in the U.S. may qualify for MCCCD scholarships or federal financial aid. Any information you provide about your legal status when you apply for financial aid or scholarships may be subject to mandatory reporting to federal immigration authorities under Arizona law. This does not apply to applications for the private scholarship funds held in and distributed by the Maricopa Community Colleges Foundation.

SB1070

This law, passed by the Arizona State Legislature in 2010, was effective on July 29, 2010. However, due to lawsuits, many of the provisions of the law have been put on hold for the time being, and thus are not enforceable until further notice. The only portions of the law currently in effect provide for the following:

Citizenship/Legal Status (formerly Prop 300) Compliance

Proposition 300, passed by Arizona voters in November 2006, stipulated that college students who are not legal United States citizens or are without lawful immigration status must pay out-of-state tuition, and that persons who are not United States citizens and who are without lawful immigration status are not eligible for financial assistance using state money. The law requires that those who are not citizens or legal residents pay out-of-state tuition. For academic year 2011-2012 tuition is $317 per credit hour. The in-state tuition rate is $76 per credit hour. [Tuition and fees are subject to change—for the most current rates, refer to Appendix S-4.]

Students are asked to provide information about their citizenship or legal status when they enroll at any Maricopa Community College or Skill Center. To qualify for in-state tuition and state financial assistance, students must provide documentation as proof of lawful presence in the United States. Acceptable documents include a birth certificate, an Arizona driver license or ID card issued after 1996, and official immigration papers. Students who successfully complete the federal Free Application for Federal Student Aid (FAFSA) will not need to show additional proof of citizenship. (A comprehensive list of acceptable documents can be accessed in the menu to the left.)

In a letter sent to students in 2006, the Colleges said that "The new law does not prevent anyone from enrolling in the Maricopa Community Colleges."

College administration assures that "We are complying with the law while maintaining our goal of educating all students who wish to attend the Maricopa Community Colleges. We will continue to provide assistance to students within the framework of the law."

Further information can be obtained on the website or by calling the Admissions and Records Office/Office of Student Enrollment Services at any of the 10 Maricopa colleges. This site includes a list of their phone numbers.

Residency and Citizenship or Lawful Status and Compliance at MCCCD

For students new to the Maricopa County Community College District (MCCCD), establishing residency and citizenship or lawful status is vital because students are charged a different tuition rate depending on what classification they fall under. A student new to the Maricopa Community Colleges who enrolls via my.maricopa.edu is considered out-of-state until proof of residency and citizenship or lawful status is established with the Admissions and Records Office/Office of Student Enrollment Services at the college he/she is planning to attend.

For the Maricopa Community Colleges, tuition is based on three residency classifications. The following categories were determined in accordance with state law (ARS §§15-1801, 15-1802, 15-1802.01, 15-1803) and regulations of the Maricopa Community Colleges Governing Board (AR 2.2):

It is up to the student to establish his/her residency and citizenship or lawful status prior to registration and register under the correct status. Proof of residency and citizenship or lawful status must be provided to each college of attendance. Documentation must be provided prior to the end of the term in which residency classification is being requested. Documentation received after the end of the term will be used for residency determination in subsequent terms.