Implementation of Arizona Proposition 308
What is Prop. 308?
Arizona Proposition 308 is a legislative referral that was on the November 2022 ballot. Voters passed Prop. 308, and it became effective Dec. 5, 2022, after the election results were certified and proclaimed to be law by Governor Ducey. The Arizona Board of Regents approved Prop. 308 for implementation on Dec. 13, 2022.
With the passage of Arizona Prop. 308, some students who qualify as noncitizens may be eligible for an in-state college tuition rate. Students will be notified via email of any impact to the status of their tuition. Arizona State University is currently reviewing how Prop. 308 will impact ASU financial aid eligibility criteria.
Understanding Proposition 308: Frequently Asked Questions
Prop. 308 made two significant changes to Arizona law.
First, with the passage of Prop. 308, a qualifying non-citizen student, with statutorily defined exceptions, is eligible for in-state resident tuition at state universities and community colleges if the student both:
- Attended an Arizona public or private high school, or homeschool for a minimum of two years; and
- Graduated from an Arizona public or private high school, or homeschool equivalent, or obtained an Arizona high school equivalency diploma, e.g., a general equivalency diploma (GED).
Second, Prop. 308 repealed A.R.S. § 15-1825, and now non-citizen students are eligible to receive financial aid funded in whole, or in part, with state monies, regardless of immigration status.
In-state tuition and Prop 308
A qualifying noncitizen student, other than the nonimmigrant aliens described under 8 U.S. Code § 1101(a)(15), are eligible for in-state tuition under Prop. 308, regardless of immigration status, if the student meets both of the following criteria:
- The student attended any public or private high school or homeschool equivalent while physically present in Arizona for at least two years; and
- The student graduated from any public or private high school or homeschool equivalent in Arizona or obtained a high school equivalency diploma in Arizona a, i.e., a GED.
Do the two years of physical presence in Arizona while attending high school need to be consecutive?
No. Students do not need to have two years of consecutive presence. However, to be eligible,
they still must provide documentation that they both:
- Attended any public or private high school option or homeschool equivalent while physically present in Arizona for at least two years; and
- Graduated from a public or private high school option or homeschool equivalent or obtained a high school equivalency diploma in Arizona.
Nonimmigrant aliens described under 8 U.S. C. § 1101(a)(15) are not eligible for in-state tuition under Prop. 308. This includes, but is not limited to, students who hold F1, F2, J1, H4 or H1 visas. For a complete list, please look at 8 U.S. C. § 1101(a)(15).
Nonimmigrant aliens described under 8 U.S. Code § 1101(a)(15) are not eligible for in-state tuition under Prop. 308.
No. A qualifying noncitizen student will pay in-state tuition if they meet the requirements of
A.R.S. § 15-1803(B):
- The student attended any public or private high school or homeschool equivalent while physically present in Arizona for at least two years; and
- The student graduated from any public or private high school or homeschool equivalent in Arizona or obtained a high school equivalency diploma in Arizona, i.e., a GED.
Prop. 308 became effective Dec. 5, 2022, after the election results were certified, and proclaimed to be law by Governor Ducey. ASU will begin to apply it toward the spring 2023 semester.
Yes. Students who meet the requirements of Prop. 308 are eligible for in-state tuition for any semester that starts after Dec. 13, 2022. Prop. 308 does not have a retroactive effect, so students will not be reclassified for semesters that began prior to Dec. 13, 2022.
Please contact a team member at residency@asu.edu about your ability to qualify for in-state tuition under Prop. 308.
Financial Aid and Prop 308
Prop. 308 repealed an Arizona law (A.R.S. § 15-1825) that prohibited students who were not citizens of the United States and who were “without lawful immigration status” from receiving financial assistance subsidized or paid in whole, or in part, with state monies, such as tuition waivers, fee waivers, grants, scholarships, and any other type of financial aid or assistance.
With the passage of Prop. 308, all students – regardless of immigration status – may be eligible to receive financial aid paid in whole or in part with state monies to attend an Arizona public university or an Arizona community college. While Prop. 308 eliminated barriers to eligibility for financial aid based on immigration status, a student must still meet all other requirements of the state financial aid they are seeking.
To be eligible for state financial aid, a student does NOT need to meet the Arizona high school attendance or graduation criteria. That applies only to eligibility for in-state tuition.
Prop. 308 does not impact the eligibility requirements to receive federal financial aid.
No. To qualify for the Arizona Promise Program, a student must meet all the eligibility requirements under A.R.S. § 15-1701. One requirement of the Promise Program is that a student must qualify for a Pell Grant, which is federal need-based financial aid. Aliens without legal immigration status, who are not citizens or legal permanent residents, do not qualify for federal financial aid. More information about the Arizona Promise Program, including eligibility requirements, is available at: www.azregents.edu/programs/arizona-promise-program.
Students impacted by Prop. 308 may be eligible for other state or college financial aid , in addition to private scholarships.
ASU offers a number of financial aid opportunities, including merit scholarships and need-based aid. Students who meet the requirements of ASU scholarships and financial aid programs are now eligible to receive them, regardless of immigration status. For additional information, visit the New American University scholarship page or use the first-year merit scholarship estimator.
Any student who wants to apply for financial aid and who can complete the FAFSA, should complete the FAFSA. However, a student must have a Social Security number to complete a FAFSA application and some of the students who are impacted by Prop. 308 may not be eligible to complete the FAFSA. Students can visit ssa.gov/pubs/EN-05-10009.pdf for more information on how to obtain an SSN.
CSS Profile: CSS Profile is an online application used by colleges to award nonfederal institutional aid. The tool helps us determine eligibility and understand your specific financial situation. CSS Profile is available to qualifying domestic noncitizens who are unable to complete the FAFSA. ASU's CSS Code is 4007.
Please note: If you are eligible to submit the FAFSA, do not submit a CSS Profile application.
Have questions?
Please contact a team member at residency@asu.edu about your ability to qualify for in-state tuition under Prop. 308.