Anaya Nolan
The eligibility of non-citizens for law enforcement roles is a complex and varied topic, with requirements differing between states and even individual cities. While federal law permits preferences in hiring citizens over non-citizens for public positions, some states and cities have begun to explore the hiring of non-citizens as a solution to recruitment crises. Illinois, for example, passed a bill in 2023 allowing non-US citizens to apply for law enforcement positions, provided they are legally authorized to work in the country. Similarly, Colorado has no citizenship requirement for law enforcement positions, although some of its cities, like Denver, have instituted their own requirements. Other states, like Alaska and Ohio, have citizenship requirements but consider applicants with work authorization. This trend of hiring non-citizens in law enforcement is likely to continue, with Virginia recently approving a bill to allow DACA individuals to serve as police officers.
| Characteristics | Values |
|---|---|
| Federal law | Permits preferences in hiring for public positions that favor citizens over non-citizens |
| Majority of law enforcement agencies | Require hires to be U.S. citizens |
| States with no citizenship requirement | Colorado, Vermont |
| Cities with no citizenship requirement | Aurora, Boulder, Juneau, Cincinnati |
| Cities with citizenship requirement | Denver, El Paso, Burlington |
| States with citizenship requirement | Alaska, Illinois, Ohio, Massachusetts |
| States with no statewide citizenship requirement for firefighters | Vermont |
| States with LPR requirements | Connecticut |
| States that allow non-citizens to apply for law enforcement positions | Illinois |
| ICE hiring programs | For veterans, people with disabilities, students, recent graduates, and other applicants |
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What You'll Learn
Non-citizen police officers in Connecticut
In Connecticut, the Police Officer Standards and Training Council (POST) is a state agency that oversees most aspects of police training, qualifications, and certification. For years, POST required prospective police officers to be U.S. citizens. However, in November 2020, the POST Council voted to allow permanent legal residents (LPRs) to enter police service, provided they met all other requirements. Despite this change, many major and mid-sized cities in Connecticut still post the citizenship requirement on their websites, and the new policy has not been incorporated into published state regulations.
The Willimantic Police Department in Connecticut hired a Deferred Action for Childhood Arrivals (DACA) recipient, Jose Gutierrez, in December 2020, shortly after the citizenship requirement was dropped. DACA is an Obama-era program that protects young undocumented immigrants who came to the U.S. as children, temporarily shielding them from deportation and authorizing them to work. While DACA recipients are legally allowed to remain in the country, they are not legal residents.
While federal law permits preferences in hiring for public positions that favor citizens over LPRs, the majority of law enforcement agencies require hires to be U.S. citizens due to state or local laws and regulations. However, some states, such as Illinois, Colorado, and Vermont, have no citizenship requirement for law enforcement positions, while others, like Alaska and Ohio, consider applicants with work authorization.
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House Bill 3751 in Illinois
In most states, law enforcement agencies require hires to be US citizens. However, some states and cities have taken steps to permit the hiring of non-citizens as law enforcement officers. For example, Colorado has no citizenship requirement for law enforcement positions, and Vermont has no citizenship requirement for state-level positions. In Illinois, which has a citizenship requirement, the Chicago Police Department considers all candidates with employment authorization, including Dreamers.
On July 28, 2023, Illinois Governor J.B. Pritzker signed House Bill 3751, which allows non-US citizens to apply for law enforcement positions. The bill reinserts the provisions of the engrossed bill and adds that an individual against whom immigration action has been deferred by the U.S. Citizenship and Immigration Services under the federal Deferred Action for Childhood Arrivals (DACA) process is allowed to apply for the position of police officer, deputy sheriff, or special policeman, subject to specified requirements. The requirements for these positions will remain the same for all applicants.
Critics of the bill claim that it allows illegal aliens to arrest American citizens. However, this claim has been deemed sensationalist and inaccurate. The bill only applies to individuals who are legally authorized to work in the United States under federal law and are still subject to all other requirements and limitations necessary for these positions.
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Law Enforcement Immigration Task Force
The Law Enforcement Immigration Task Force (LEITF) is a nonprofit organization that aims to improve relations between immigrants and police agencies. In 2021, LEITF published a backgrounder that provided an overview of jurisdictions permitting the consideration and hiring of non-citizens as law enforcement officers.
Federal law permits preferences in hiring for public positions that favor citizens over lawful permanent residents (LPRs). While there are limits to these preferences, citizenship requirements for government and private-sector positions that interface with federal, state, or local governments are generally permissible. As a result, most law enforcement agencies require hires to be citizens.
However, some states and localities have taken steps to permit the hiring of noncitizens as law enforcement officers. For example, Colorado has no citizenship requirement for law enforcement officer positions, and cities like Aurora and Boulder do not maintain a citizenship requirement, only requiring applicants to be lawful permanent residents. Similarly, Vermont has no citizenship requirement, but Burlington requires applicants to be lawful permanent residents.
Some cities in states with citizenship requirements have also begun looking for workarounds to hire noncitizen law enforcement officers. For instance, Alaska has a citizenship requirement, but Juneau considers LPR applicants. Illinois has a statewide citizenship requirement, but the Chicago Police Department considers all candidates with employment authorization, including Dreamers.
In addition, Connecticut towns and cities can choose to hire LPRs as police officers, and at least one police department in the state has hired a non-citizen. The Willimantic Police Department hired Jose Gutierrez, a Deferred Action for Childhood Arrivals (DACA) individual, in 2020 after the citizenship requirement was dropped.
While allowing non-citizens to serve in law enforcement may be a step towards addressing the recruiting crisis, it is important to note that non-citizens must still meet all other requirements and limitations necessary for these positions, including lawful possession of a firearm.
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Lawful Permanent Residents (LPRs)
In Colorado, for example, the cities of Aurora and Boulder do not maintain a citizenship requirement for law enforcement positions, but applicants must be lawful permanent residents. Similarly, Vermont does not have a statewide citizenship requirement, but Burlington requires applicants to be lawful permanent residents.
Some states with citizenship requirements have also begun exploring workarounds to allow the hiring of non-citizen law enforcement officers. For instance, Alaska has a citizenship requirement, but Juneau considers LPR applicants. Illinois has also opened police recruitment to non-citizens with the passing of House Bill 3751, which states that "an individual who is not a citizen but is legally authorized to work in the United States under federal law is authorized to apply for the position of police officer."
While there are opportunities for LPRs to pursue law enforcement careers in certain jurisdictions, it is important to note that most law enforcement agencies require U.S. citizenship due to federal and state laws. Additionally, LPRs may face challenges in obtaining the necessary employment authorization and firearm possession permissions required for law enforcement roles.
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Non-citizen visa holders
In the US, federal law permits preferences in hiring for public positions that favour citizens over non-citizen visa holders. However, while most states have citizenship requirements in place, some states and localities have taken steps to permit the hiring of non-citizens as law enforcement officers.
Colorado, for example, has no citizenship requirement for law enforcement officer positions. The cities of Aurora and Boulder in Colorado do not maintain a citizenship requirement either, but applicants must be lawful permanent residents. Vermont has no citizenship requirement, but Burlington requires that applicants be at least lawful permanent residents.
In Connecticut, towns and cities can, if they choose, hire LPRs as police officers. The Willimantic Police Department hired a non-citizen, Jose Gutierrez, with a waiver from the POST council in December 2020, shortly after the citizenship requirement was dropped.
In Illinois, Governor J.B. Pritzker signed House Bill 3751, which allows non-US citizens to apply for law enforcement positions. The Chicago Police Department considers all candidates with employment authorisation, including Dreamers.
To be eligible for POST certification in Colorado, non-US citizens must be able to lawfully possess a firearm in Colorado and in the US. Non-citizen visa holders may qualify for certain exceptions that would allow them to lawfully possess a firearm. They may also qualify for an exception if they are employed by a law enforcement agency and that agency's policy authorises them to carry a firearm for training purposes.
In summary, while federal law and most states require US citizenship for law enforcement positions, some states and localities have taken steps to permit the hiring of non-citizen visa holders as law enforcement officers. This is often done to address recruitment shortages, and non-citizen applicants must still meet all other requirements and compete with other applicants on an equal basis.
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Frequently asked questions
Non-citizens can be hired by law enforcement in some states and cities in the US. For example, Colorado and Vermont have no citizenship requirement for law enforcement officers. However, some cities within these states, such as Denver and Burlington, require applicants to be lawful permanent residents.
Yes, non-citizens must have legal employment authorization and be able to lawfully possess a firearm in the US and in the specific state to be eligible for law enforcement positions.
Hiring non-citizens can help address the recruiting crisis many law enforcement departments face. Additionally, non-citizen officers who are fluent in multiple languages can help rebuild trust with immigrant communities.
Critics have expressed concerns that allowing non-citizens to become law enforcement officers will result in "illegal aliens arresting US citizens". However, non-citizen officers are subject to the same requirements and limitations as other applicants, and the hiring process for all applicants is rigorous and includes multiple qualification assessments.
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