An Arizona judge ruled Tuesday that students granted deferred-deportation status by President Obama are eligbile for in-state college tuition. Superior Court Judge Arthur Anderson ruled that immigrants lawfully in the U.S. are not banned from public benefits, and deferred-action recipients are considered lawfully present by the federal government. Attorney General Tom Horne had filed a lawsuit against the Maricopa County Community College District, arguing that “Dreamers” offered deferred-action status were not legally present and therefore could not get in-state tuition. “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 in his decision.
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