Undocumented Students

Instructions for Faculty and Staff

All WVM District employees must adhere to the Family Educational Rights and Privacy Act (FERPA). FERPA protects the privacy of student educational records and all personally identifiable information contained in those records. The college and its employees cannot disclose information about students without the student’s written consent, even to federal authorities.

WVM District will comply with the California Values Act (SB 54) and will not expend any WVM law enforcement resources on immigration enforcement or immigration information-gathering activities.

In the unlikely event that U.S. Border Control, Immigration and Customs Enforcement (ICE) or any other federal law enforcement agency comes to any West Valley College campus or facility, please contact WVM Campus Police immediately at (408) 299-2311 or 911.

FAQs for Faculty and Staff

In the unlikely event that U.S. Border Control, Immigration and Customs Enforcement (ICE), or any other federal law enforcement agency comes to any West Valley College work area (office, classroom, etc.), please follow these steps:

1. Please contact Campus Police immediately at 911 or (408) 299-2311.
2. Refer the agents to West Valley College Chancellor Office (Location: Administration Building)
3. Afterwards, call immediately at (408) 299-2311 (or 911) from a campus phone or personal phone) to report the situation and request guidance.

Best Practices for Keeping Our College Community Safe

• Inform students of their rights: If you can safely communicate with a student, let them know they have the right to remain silent and to request legal representation. They are not required to disclose their immigration status without legal counsel present.
• Remind individuals in your workplace of their rights: Students, faculty, and staff have the right to remain silent and are not required to disclose immigration status. Do not instruct or order anyone to remain silent; simply remind them of their rights.
• Conduct yourself professionally: Remain calm and respectful when interacting with immigration or law enforcement officials. Avoid casual conversation and do not provide any information about students or employees.
• Do not resist if ICE agents force entry: You may state, “I do not consent to your entry,” but do not physically resist. (Source: ACLU Northern California — “Know Your Rights if ICE Confronts You”)
• Do not sign any documents. Wait for legal guidance before signing or acknowledging any paperwork presented by immigration or law enforcement officers.

Instructions for Students

Know Your Rights: “Red Cards”

These “Red Cards” inform individuals of their constitutional rights when interacting with immigration enforcement officers. The cards provide clear instructions on how to assert the right to remain silent, refuse searches without a warrant, and request legal representation. They are designed to help reduce fear, ensure due process, and empower individuals to respond appropriately in high-pressure situations. Red Cards are available in a printable version (English). Spanish/English, Hmong/English, Ukrainian/English, Russian/English, Tagalog/English, and Farsi/English, with Vietnamese, Cantonese, and Mandarin versions coming soon.

How to use your red card: Illustrated Guide.

Student, Faculty and staff at West Valley College may request physical Red Cards by emailing samantha.hernandezFREEWEST_VALLEY WVC Undocu Liaison.

If you are ever detained by ICE, and you are an enrolled West Valley College student, please notify the Vice President of Student Affairs to receive support and resources.

For more information, West Valley College Students must contact VP Student Affairs, Dr. Tanya Anderson Jones-Bey Tanya Anderson [email protected] or Samantha Hernandez, WVC Undocu Liaison at Samantha.HernandezFREEWEST_VALLEY or (408) 741-4081.

Assembly Bill 540 was signed into law in October 2001 and allows eligible undocumented, legal permanent resident and U.S. citizen students to pay in-state tuition at public colleges and universities. AB 540 Affidavits are required and approved through the Admissions and Records Office to update a student’s residency status.

To qualify, a student must meet the following requirements:

• >High school attendance in California for three or more years or elementary or secondary school attendance or both in California for a total of 3 or more years AND
• attainment of credits earned in California from a California high school equivalent to 3 or more years of full-time high school coursework and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of these schools.
• Must register or is currently enrolled at an accredited institution of public higher education in California;
• Must file or will file an affidavit as required by individual institutions, stating that the filer will apply for legal residency as soon as possible;
• Must not hold a valid non-immigrant visa (F, J, H, L, A, E, etc.)

Assembly Bill 130 (AB 130) of 2011, allows students who meet AB 540 criteria to apply for and receive non-state funded scholarships for public colleges and universities. Assembly Bill 131 (AB 131) of 2011, allows students who meet AB 540 criteria to apply for and receive state-funded financial aid such as institutional grants, community college fee waivers, Cal Grant and Chafee Grant.

DACA is an administrative relief that protects eligible immigrants who came to the United States when they were children from deportation. DACA gives undocumented immigrants: 1) protection from deportation, and 2) a work permit. The program requires that the DACA status and work permit be renewed every two years.

As a response to AB 130/131, the California Dream Act application was created to allow eligible AB 540 students qualify for California state grants (Cal Grant) and other financial aid benefits within California. Available each year, the California Dream Act grants access to the CCPG fee waiver, CSM Promise, and EOPS. We strongly encourage students to complete their CA Dream Application by the March 2nd priority deadline of each academic year. Additionally, undocumented students who are ineligible to apply to the CA Dream Act can still look into scholarship opportunities through our campus. For information on WVC scholarships and outside scholarships, please visit the West Valley College Scholarships website.