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Attorney general demands explanation of Arizona's tuition policy for 'dreamers'

Bailey indicated that, everything else being equal, Brnovich would prefer not to open up a new legal battle against the regents, at least not until the Arizona Supreme Court considers the issue and makes a final determination.
But he told Klein that it may not matter what Brnovich thinks now that former state Sen. Russell Pearce and Justice Watch have said they will sue to overturn the regents’ policy if the Attorney General’s Office does not. And Bailey warned that could have sharp implications.
“We feel compelled to make you aware that ABOR may be at risk of liability for improper public expenditures as a result of its present tuition policy,” Bailey wrote. “Moreover, ABOR members could face personal liability for failure to collect tuition in compliance with state law.”

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