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Judicial Watch • DACA letter AZ in-state tuition 071117

DACA letter AZ in-state tuition 071117

DACA letter AZ in-state tuition 071117

Page 1: DACA letter AZ in-state tuition 071117

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Number of Pages:2

Date Created:July 11, 2017

Date Uploaded to the Library:July 19, 2017

Tags:071117, azregents, ofArizona, Vianney, Shoopman, rates, DACA, Brnovich, recipients, pearce, tuition, Appeals, action, senator, legal, Russell, arizona, Attorney, letter, judicialwatch, Washington


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Judicial
Watcli
Because one above the law/
July 11, 2017
VIA E-MAIL and U.S. CERTIFIED MAIL
Honorable Mark Brnovich
Arizona Attorney General
1275 West Washington Street
Phoenix, 85007-2926
Re:
Request Initiate Legal Action
Dear Attorney General Brnovich: represent former Arizona State Senator and Senate President Russell Pearce. Senator
Pearce concerned about the illegal use public monies the Arizona Board Regents
(ABOR). Specifically, ABOR has been and continues provide in-state tuition rates for
certain unlawfully present aliens, namely the so-called Deferred Action for Childhood Arrivals
(DACA) recipients. Significant public monies are being used provide lower in-state tuition
rates these DACA recipients. you know, your office recently won important victory the Arizona Court
Appeals action against Maricopa County Community College. State ofArizona MCCC
Dist. Bd., No. I-CA-CV 15-0498 (Ct. App. Div. issued June 20, 2017). that case, your
office argued, and the Court confirmed, that DACA recipients are not lawfully present aliens
and thus not eligible for in-state tuition under Arizona law. ABOR itself has conceded, its sole basis disregard federal and state law and
begin offering in-states rates DACA recipients was the anomalous ruling the Superior
Court State ofArizona MCCC Dist. Bd. Now, however, even that legal fig leaf has
disappeared because the unequivocal ruling the Court Appeals, ABOR persists its
unlawful use public monies. June 29, 2017, ABOR announced that plans continue
offering in-state rates DACA recipients despite the plain language federal and state law, the
ruling the Court Appeals, and your opinion the chief law enforcement officer Arizona. light ABORs continuing open defiance the law and controlling legal precedent,
Senator Pearce requests that you initiate legal action enjoin the further use public monies
ABOR providing in-state tuition DACA recipients. A.R.S. 35-212. you not
425 Third St. SW, Suite 800, Washington, 20024 Tel: (202) 646-5172
Email: jpeterson@JudiciaJWatch.org www.JudicialWatch.org
Ltr. Hon. Mark Brnovich
July 11, 2017
pg.2
within days, our client intends initiate legal action Arizona taxpayer under A.R.S.
35-213 recover all the unlawful expenditures ABOR incurred thus far plus interest,
enjoin further expenditures, and seek attorney fees and costs provided under the law. look forward your prompt response.
Sincerely,
James Peterson
Senior Attorney
cc:
Governor Doug Ducey (bconley@az.gov)
Arizona Board Regents
Bill Ridenour (Bill.Ridenour@azregents.edu)
Ron Shoopman (Ron.Shoopman@azregents.edu)
Ram Krishna (Ram.Krishna@azregents.edu)
Jay Heiler (Jay.Heiler@azregents.edu)
Larry Penley (Larry.Penley@azregents.edu)
Rick Myers (Rick.Myers@azregents.edu)
Lyndel Manson (Lyndel.Manson@azregents.edu)
Karrin: Taylor Robson (by U.S. mail)
Vianney Careaga (Vianney.Careaga@azregents.edu)
Aundrea DeGravina (by U.S. mail)
Diane Douglas (sheri.partridge@azed.gov)
Senator Russell Pearce
425 Third St. SW, Suite 800, Washington, 20024 Tel: (202) 646-5172
Email: jpeterson@JudicialWatch.org www.JudicialWatch.org