By Lucretia Hughes
HARTWELL, Ga. — Several Democratic-led cities and states are allowing some noncitizens to become police officers, raising questions about citizenship, immigration enforcement and who should be entrusted with the government’s authority to carry a firearm and make arrests.
Chicago, San Francisco and Washington, D.C., accept certain noncitizen applicants. Washington state recently expanded eligibility statewide, potentially affecting departments in Seattle and other cities.
However, the policies do not all authorize the hiring of people who are unlawfully present in the United States. The eligibility rules vary considerably.
The Chicago Police Department accepts U.S. citizens and lawful permanent residents, commonly called green card holders. Applicants must also be legally authorized to work and eligible under federal law to possess firearms.
Washington, D.C.’s Metropolitan Police Department similarly requires applicants to be either U.S. citizens or lawful permanent residents. Candidates must undergo fingerprinting, a background investigation, a polygraph examination and medical and psychological evaluations, according to the department’s current recruitment requirements.
San Francisco goes further.
California eliminated its citizenship requirement for peace officers in 2023. The San Francisco Police Department now accepts applicants who are legally authorized to work in the United States, regardless of whether they are citizens or permanent residents.
The department said the change would expand recruitment and allow more residents to serve their communities. Critics argue that work authorization, particularly when connected to a temporary immigration classification, should not be enough to qualify someone for the extraordinary powers granted to police officers.
Washington state expanded its law March 18 to make law-enforcement positions available to U.S. citizens and anyone legally authorized to work under federal law. The change also applies to firefighters and prosecutors. The legislation does not require the Seattle Police Department or another agency to hire a particular applicant, but it removes citizenship as a statewide eligibility barrier.
Supporters say the changes can help departments address officer shortages, recruit multilingual candidates and build relationships with immigrant communities. Opponents contend that citizenship should remain a basic requirement for anyone authorized to enforce American laws, detain citizens and use deadly force.
The debate becomes more complicated when politicians use “noncitizen” and “illegal immigrant” as if the terms mean the same thing.
They do not.
A lawful permanent resident is a noncitizen but is legally residing in the United States. Refugees, people granted asylum and some recipients of temporary protected status can also possess federal work authorization.
Improper entry into the United States — including entering outside an authorized location or evading inspection — can constitute a federal crime. Merely being a noncitizen, however, is not a crime. Unlawful presence and immigration-status violations also do not always involve a criminal conviction.
Federal law generally prohibits people unlawfully present in the country from possessing firearms. However, an exception governing firearms issued for government use has generated additional controversy.
In February, Republican lawmakers introduced the Stop Illegal Alien Cops Act, which would apply federal firearm prohibitions to government-issued weapons carried by people unlawfully present in the country. The legislation followed reported cases in which federal immigration authorities arrested people working or training as police officers after questioning their immigration status.
The proposed legislation would not prevent lawful permanent residents or other federally eligible noncitizens from serving as officers. It is specifically intended to prevent government agencies from using the government-employment exception to arm people prohibited from possessing firearms under federal immigration law.
The distinction matters, but so does public trust.
A police officer receives powers ordinary citizens do not possess. That officer can detain people, make arrests, carry a government-issued firearm and use force under circumstances defined by law. Communities therefore have a legitimate interest in demanding strict background investigations, verified immigration records and clear firearm eligibility.
Expanding a hiring pool cannot become an excuse for lowering standards or ignoring federal law. Every applicant — citizen or noncitizen — must be legally eligible, thoroughly investigated and capable of honoring the Constitution and the laws that come with the badge.
Original article
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