PHOENIX –  The Arizona Supreme Court will review a lower court ruling that said young immigrants granted deferred deportation status under a program started by former President Barack Obama are not eligible for lower in-state college tuition.

Tuesday’s decision comes on an appeal by the Maricopa Community Colleges District, which won an initial ruling in its favor in 2015 that was overturned by the state appeals court in June.

The appeals court ruling said the 2012 Deferred Action for Childhood Arrivals program known as DACA did not confer legal status and each state can decide on optional benefits for DACA recipients. Arizona law bars public benefits such as in-state tuition for those without legal status.

The brief high court order accepting the appeal said it will now be set for arguments.

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