Daca Recipients: A Career In Law Enforcement?

The Deferred Action for Childhood Arrivals (DACA) program has been a topic of debate in the United States, specifically concerning the eligibility of recipients to work in law enforcement. While some states like California have made it legal for DACA recipients to work as police officers, other states like Colorado are still navigating the complexities of this issue. The ability to carry firearms is a significant factor in this discussion, with federal laws prohibiting non-immigrants from possessing guns, while certain exceptions and state laws allow DACA recipients to carry firearms for law enforcement purposes. The potential benefits of including DACA recipients in law enforcement are highlighted by supporters, including addressing community needs, strengthening community-law enforcement ties, and filling workforce gaps. However, opponents argue against it due to concerns about legal status and voting rights. The ongoing dialogue surrounding this topic underscores the evolving nature of immigration policies and their impact on various professions, including law enforcement.

DACA recipients can become state troopers, game wardens, corrections officers, and serve in the National Guard

In Wisconsin, DACA recipients can become state troopers, game wardens, corrections officers, and serve in the National Guard. However, current state law prohibits them from becoming police officers or sheriff's deputies in cities, villages, towns, and counties.

State Rep. Sylvia Ortiz-Velez is among a bipartisan group of state lawmakers pushing legislation to change state law and allow DACA recipients to fill law enforcement roles. The bill would potentially open up access to a new pool of candidates, boost diversity in departments, and help fill vacant positions. Over 6,000 DACA recipients in the state would be eligible to apply if the legislation is passed.

DACA, or Deferred Action for Childhood Arrivals, provides temporary protections against deportation for immigrants who arrived in the United States without legal status before turning 16 and have lived in the country continuously since at least 2007. DACA recipients are contributing members of their communities, and some are actively involved in local government.

The Department of Defense (DOD) does not require DACA recipients to meet the standard 2-year requirement for military service. Additionally, the DOD will consider waiving the requirement that an applicant be in valid immigration status at the time of enlistment on a case-by-case basis.

DACA recipients cannot become police officers due to state law

While DACA recipients can become state troopers, game wardens, corrections officers, and serve in the National Guard, state law prohibits them from serving as police officers. This is because, under federal rules, DACA recipients cannot possess or own firearms. However, there are ongoing efforts to change this.

In California, for example, it is now legal for DACA immigrants to work as police officers. The Los Angeles Police Department has recently announced a policy that memorializes the right of DACA recipients to be employed as officers. The department has hired 10 DACA recipients as officers out of a force of 8,960 sworn officers. DACA recipients in the LAPD will possess department-issued firearms on and off duty.

In Denver, voters may decide if DACA recipients can become police officers. Council President Jamie Torres and Pro Tem Amanda Sandoval are proposing a change to the city's charter to remove the citizen requirement. Torres stated that "We have lawful permanent residents and DACA recipients who have spent decades living in Denver and in our surrounding communities. This is absolutely a service job that they want to do. As we are starting to see recruitment numbers dwindle for both of our police and fire departments, it doesn’t make any sense for us to leave people out of the conversation who actively want those jobs."

Bipartisan lawmakers are also working to garner enough support to pass a bill that would allow DACA recipients to become law enforcement officers. One of the bill's co-sponsors, JJ, stated that "Any time that we can bring diversity into our local law enforcement agencies and you bring a unique perspective from another person that’s having to live life a different way than we do, I think it’s a win-win for our communities."

DACA recipients are legally allowed to carry weapons for their job

DACA recipients are not automatically prohibited from carrying firearms for their jobs. However, this is a complex area of law, and the specific circumstances of each situation must be considered.

To be hired by a law enforcement agency, one must have legal employment authorization. There are limited categories of immigration status that allow individuals who are unlawfully present to obtain employment authorization, including DACA recipients, refugees, and asylees.

Under 18 U.S.C. § 922(g)(5)(A) and (B), individuals who are unlawfully present in the United States or are present on a non-immigrant visa are prohibited from possessing firearms. However, there are exceptions to this rule, such as those provided in 18 U.S.C. § 922(y)(2) and 18 U.S.C. § 925(a)(1). For example, an individual on a non-immigrant visa may be allowed to possess a firearm if they have a valid hunting license or permit.

In Colorado, the Peace Officer Standards and Training (POST) Board follows federal and state laws governing the certification of peace officer applicants, including the requirement that applicants must be able to lawfully possess a firearm to complete firearms skills training. Additionally, a Colorado act permits law enforcement agencies to amend their firearms policies to allow eligible immigrants to possess firearms, as long as the policies comply with federal requirements.

Therefore, while there may be exceptions, DACA recipients who are legally employed by a law enforcement agency and authorized by that agency to carry a firearm for training or other purposes may be permitted to do so, depending on the specific circumstances and applicable laws. It is essential to consult an attorney for legal advice in this complex area.

DACA recipients can possess department-issued firearms on and off duty

DACA, or Deferred Action for Childhood Arrivals, is an American immigration policy that provides protection from deportation for individuals who were brought to the U.S. without legal status as minors. While DACA recipients are eligible to work in the United States in certain sectors, there are restrictions on their ability to own and possess firearms. This has created a unique challenge for law enforcement agencies, such as the Los Angeles Police Department (LAPD), which has recruited officers who are DACA recipients.

To address this issue, the LAPD has made policy changes to allow DACA officers to possess department-issued firearms while off duty. The Board of Police Commissioners, which sets LAPD policy, has amended the rules to consider off-duty time as part of a 'law enforcement purpose'. This means that DACA officers can take their firearms home, ensuring their safety even when they are not on duty. The requirement for California law enforcement officers to be U.S. citizens was removed in September 2022, and now only requires that officers be 'legally authorized to work in the United States'.

Federal law generally prohibits individuals under the DACA program from possessing firearms or ammunition. However, the LAPD's policy change allows its DACA officers to carry their department-issued firearms while off duty by classifying this time as part of their "performance of their official duties or other law enforcement purpose." This way, DACA officers can legally carry and possess firearms and ammunition, ensuring their safety even when they are not on active duty.

It is important to note that the ability of DACA recipients to possess firearms varies across states and agencies. While California has passed a law allowing non-citizens to serve as police officers, other states may have different regulations. Additionally, there are limited categories of immigration status that allow individuals who are unlawfully present to obtain employment authorization and possess firearms, such as refugees and asylees. It is recommended that individuals and agencies consult with their attorneys to understand the specific laws and regulations that apply to their circumstances.

DACA recipients can be doctors, lawyers, and even military police

DACA, or Deferred Action for Childhood Arrivals, was created by President Obama in 2012. The program offers protection against deportation and work authorization for recipients. While DACA recipients face challenges in certain careers due to their immigration status, they can pursue a range of professions, including in law enforcement, medicine, and law.

In terms of law enforcement, DACA recipients can legally work in this field. However, there are complexities regarding firearm possession. To be hired by a law enforcement agency, individuals must have legal employment authorization, which DACA provides. Nevertheless, firearm possession is generally prohibited for those unlawfully present in the United States. There are exceptions, and the laws surrounding this issue are complex, with specific provisions varying by state.

In the medical field, DACA recipients face challenges due to their immigration status, but many still pursue careers as doctors. Nearly 200 undocumented students and residents are currently training in U.S. medical schools and teaching hospitals. These students contribute significantly to the healthcare workforce, with a potential impact on millions of patients. DACA recipients often have a strong motivation to serve their communities and improve access to healthcare, especially for immigrant populations.

Additionally, DACA recipients can become lawyers. For example, Parthiv Patel, an undocumented immigrant, was able to enrol in law school through DACA and passed the Pennsylvania bar exam. However, he was initially denied admission to the bar due to his immigration status, which required an appeal to the Board of Law Examiners.

While DACA recipients face legal complexities in certain professions, they can pursue careers in law enforcement, medicine, and law, contributing their skills and knowledge to these fields.

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