A LatCrit Policy Analysis of the Implementation of Proposition 308 at Arizona Hispanic-Serving Institutions

• In Event: Research as Repair: Advancing Educational Justice Through the Critical Study of Policy Implementation

Abstract

Background
Proposition (Prop.) 308 passed in 2022 in Arizona, representing a political shift by granting undocumented immigrant students in-state tuition rates at public institutions (Mansfield & Hernandez, 2024). In Arizona, it is estimated that 2.1% of college students are undocumented, which is similar to the national average (Casey, 2023). Through the passage of this policy, Arizona became one of the most recent states of 25 to offer this benefit, with several states having such a policy in place since 2001 (Broder, 2024). Prop. 308’s passage and implementation are significant, particularly given the nativist anti-immigrant policies Arizona has experienced, such as SB 1070 or the “show me your papers law” in 2010 (Lopez, 2011; Olivas, 2020). Prop. 308 also stands in contrast with Prop. 300, which passed in 2006 and denied undocumented students in Arizona in-state tuition. In this paper, we will explore the implementation Prop. 308 and its impact on undocumented students attending Arizona’s Hispanic Serving Institutions (HSIs).
Theoretical Framework & Methods
This research is guided by LatCrit Policy Analysis (Author, 2020; Author et al., 2023) and intersectional servingness (Garcia & Cuellar, 2023). LatCrit originated from Critical Race Theory (CRT) in the legal field (Haney López, 1997; Valdes, 1998) and allows for the critical examination of immigration-related policies as well as the racist-nativism that might be present in policy decisions (Pérez Huber, 2015). Intersectional servingness acknowledges the multiple and intersecting domains of power undocumented students navigate while pursuing higher education. In the context of Arizona, this represents institutions designated as HSIs due to their significant Latinx population. Both lenses call for social justice and equity within educational systems.
We seek to answer the following research questions: 1) What is the sociopolitical context that led to the passage of Prop. 308? And, 2) How has Prop. 308 been implemented at Arizona HSI’s to support undocumented students? We first reviewed federal policies (e.g. DREAM Act and DACA) aimed at supporting the educational trajectories of undocumented students in the last two decades (Olivas, 2020). Then, we collected and analyzed publicly available information (e.g., media, policy, and institutional) about Prop. 308 and the policies that preceded it related to undocumented students in Arizona.
Preliminary Findings: Identifying Arizona’s UndocuPolicy Terrain
Arizona’s policy landscape for undocumented students has been unique and given the recent passage of Prop. 308, there is an opportunity to examine its implementation in the early stages across institutions that seek to better serve student populations that have been historically marginalized. In the paper, we share about several state policies that sought to exclude undocumented students from receiving educational access, and then discuss what sociopolitical context led to advocates successfully passing Prop. 308.
Scholarly Significance and Implications
Through our analysis, we suggest policy and research recommendations to support higher education leaders and practitioners, K-12 educators, community organizations, and families and students who are navigating the implementation of Prop. 308. Centering the importance of intersectionality within HSIs (Garcia & Cuellar, 2023), this research can inform institutional policies to better serve undocumented students at HSIs.

Authors

• Ruth María López, University of Arizona

• Julián Gage Ángel