We Welcome Undocumented Students

Students who came to the U.S. without inspection or who have overstayed their visas are considered undocumented. At Western, many undocumented students came to the U.S. with their families as children, and have attended K12 schools in Washington, graduating from high school. They may or may not have DACA (Deferred Action for Childhood Arrivals) status.

We can help you apply to Western, assist with financial aid applications, including the WASFA and scholarships, and connect you to resources and allies

State House Bill 1079 (REAL Hope Act) allows eligible undocumented students to be considered as “residents” for purposes of higher education, which permits them to pay in-state tuition rates at state colleges and universities. Students qualify for HB 1079 if they have:

• Lived in the state of Washington for at least three years.
• Graduated from a Washington state high school and completed their senior year of high school in Washington.
• Earned the equivalent of a high school diploma, such as a GED.
• Continuously resided in Washington since receiving the high school diploma or a GED.

Students who continue to meet the criteria of HB 1079 remain eligible to continue their studies at Western – or any public college in the state – and pay in-state tuition. Some undocumented students are also eligible for state-funded financial aid, such as the State Need Grant and Passport to College.

WWU Financial Aid awards partial need-based tuition waivers and Western Grant funds to students who qualify for HB 1079 and are eligible for resident tuition and fee rates. Students need to submit the WASFA (Washington Application for State Financial Aid) to qualify. Western has also set aside “micro-grant” funding using non-state resources for undocumented students to help with tuition and school expenses, rent, food, car repairs and other emergencies. Awards are typically around $500. Please contact Dina Murphy in the Financial Aid Office at Dina.Murphy@wwu.edu or 360-650-3221 for more information.

Students with DACA can hold jobs on and off campus, using their work permits. Some students with DACA may also be eligible for State Work Study (SWS) as part of their financial aid packages, depending on employment authorization, residency and financial need. On-campus employers are required to verify the identity and legal authorization to work for all paid employees, including SWS student employees, via the completion of I-9 (employment eligibility verification). DACA recipients can continue to use valid Employment Authorization Cards (EAC) in the I-9 verification process to establish both identity and employment eligibility, though this is not a guarantee of continued employment.

On-campus employers are required to complete I-9 documents for all employees. If you do not have legal authorization to work, you cannot hold campus employment, including State Work Study positions. We recognize that this is a challenge for undocumented students, and continue to explore legal avenues for employment.

Western can provide general information on legal resources that may be available in the community to undocumented students, as well as any student who may need such assistance. Community resources include LAW Advocates and the Northwest Immigrants Rights Project.

Under our Policy on Providing Immigration Information, Western does not require undocumented students to disclose their immigration status unless required by law, e.g., in verifying eligibility to pay in-state tuition under HB 1079. Western employees are not permitted to collect information about immigration status unless required by law. Western does not undertake efforts with federal immigration authorities to investigate, detain or arrest individuals, and does not release student educational records to Immigration and Customs Enforcement, Customs and Border Patrol, or any other third party official without written consent of the student, unless a legal exception to release such records applies (such as a lawfully obtained court order or subpoena). If such an effort is made to obtain student records, Western will make every reasonable effort to notify the student in order to provide sufficient notice to seek a protective order.

Bellingham Police Department does not allow officers to detain people solely on suspicion of their immigration status, and does not ask about status, according to department policy. WWU University Police do not detain people solely on suspicion of their immigration status and does not ask about status, per Western’s policy on Providing Immigration Information. University Police procedures are similar to those of the Bellingham Police Department. Whatcom County Sheriff’s Office, which operates the jail, does share information with agencies such as Immigration and Customs Enforcement if someone in their custody is being sought on a judicially obtained U.S. Immigration and Customs Enforcement (ICE) detainer. However, the Sheriff’s Office is tasked with enforcing state and local laws, not immigration, and deputies don’t arrest people on ICE detainers.

The FAQ page on the ICE website states:

Pursuant to ICE policy, enforcement actions are not to occur at or be focused on sensitive locations such as schools, places of worship, unless;

1. exigent circumstances exist;
2. other law enforcement actions have led officers to a sensitive location, or
3. prior approval is obtained from a designated supervisory official.

The policy is intended to guide ICE officers' and agents' actions when enforcing federal law at or focused on sensitive locations, to enhance public understanding and trust, and to ensure that people seeking to participate in activities or utilize services provided at any sensitive location are free to do so, without fear or hesitation.

Locations treated as sensitive locations under ICE policy would include, but are not be limited to:

• Schools, such as known and licensed daycares, pre-schools and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events, and school bus stops that are marked and/or known to the officer, during periods when school children are present at the stop;
• Medical treatment and health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities;
• Places of worship, such as churches, synagogues, mosques, and temples;
• Religious or civil ceremonies or observances, such as funerals and weddings; and
• During a public demonstration, such as a march, rally, or parade.

Enforcement actions covered by this policy are apprehensions, arrests, interviews, or searches, and for purposes of immigration enforcement only, surveillance. Actions not covered by this policy include activities such as obtaining records, documents, and similar materials from officials or employees, providing notice to officials or employees, serving subpoenas, engaging in Student and Exchange Visitor Program (SEVP) compliance and certification visits, guarding or securing detainees, or participating in official functions or community meetings.

More information is available on the ICE website, as well as DHS and ACLU. These federal policies are subject to change, and may not always be observed. Western cannot exclude federal law enforcement agencies from campus entirely. However, Western’s policy on Providing Immigration Information states:

• ICE, CBP or other third party officials cannot remove a student or employee from university property or interrogate a student or employee without a valid warrant signed by a judge.
• Access to non-public portions of campus by ICE, CBP or other third party officials requires the approval of the University’s Director of Public Safety and Assistant Attorney General.

If you see an ICE vehicle or agent on campus, or hear that ICE is on campus, please call the University Police at 360.650.3555 to inform them. There are some administrative, non-enforcement duties which ICE and CBP perform on campus, such as verifying international students’ documentation. If you don’t feel comfortable calling University Police yourself, you may ask a university employee to call for you.

Know your rights: The Northwest Immigrant Rights Project has numerous resources (in multiple languages) to help undocumented immigrants understand their rights when interacting with various law enforcement officials and officers at their place of work, in public, and at home. “Know Your Rights” wallet cards are available at the Student Outreach Services office, the Center for Education, Equity and Diversity (CEED), and the Ethnic Student Center (ESC). There is also detailed information from the National Immigration Law Center here on What to Do if You Are Arrested or Detained by Immigration. Most important to remember:

• You have the right to ask for an officer’s official identification, and, if at home, presentation of a warrant to enter the premises.
• You have the right to remain silent and the right to speak with a lawyer.
• You are not required to share any information about where you were born, your immigration history, or your criminal record, if any.
• You do not have to turn over passports or consular documents unless they have a warrant signed by a judge.
• You do not have to sign anything.

Western’s Student Code of Conduct (Revised)

WAC 516-21-110 Harassment (other than sexual harassment or discriminatory harassment). Harassment is conduct by any means that is severe, persistent, or pervasive, and is of such a nature that it would cause a reasonable person in the complainant’s position substantial emotional stress and undermine their ability to work, study or participate in their regular life activities or participate in the activities of the University.

WAC 516-21-115 Discrimination and discriminatory harassment. Discrimination or discriminatory harassment is prohibited on the basis of race, sex, sexual orientation, gender identity/expression, religion, age, color, creed or ethnic origin, physical, mental or sensory disability (including disability requiring the use of a trained service animal), marital status, and/or veteran status.

If you experience any discrimination/harassment based on or involving race, national origin, religion, sex, gender identity, sexual orientation, disability, veteran status, contact the Civil Rights and Title IX (CRTC) Office at 360-650-3307.