Immediately following the passage of Proposition 300 in 2006, Maricopa Community Colleges established the policy of accepting the I-766 employment authorization as evidence of lawful presence under the Illegal Immigration Reform and Immigrant Responsibility Act. This is the Federal law which Proposition 300 was intended to enact at the state level. As required by another state law (HB 2008) passed in 2009, we also accept the I-766 as evidence of lawful presence for "state and local benefits," a term defined by that statute to include resident tuition. The law has not changed since these statutes and policies were put in place, and we have no plans to change our policies.
If any student applying for resident tuition presents us with an I-766, we will accept it as currently required.
It is important to remember that evidence of lawful presence alone is not sufficient to prove residence in Arizona. It merely shows that the student is not subject to the legal restrictions imposed on those who are not lawfully present in the United States. To qualify for the in-state tuition rate, all students must go on to show proof of residency by providing various types of documentation, as shown on the Maricopa.edu website.
Of course, we will follow any significant changes in the law and change our policies if required.