[UPDATE] Backgrounder: Jurisdictions in the U.S. Permitting Hiring of Noncitizens as Law Enforcement Officers
January 29, 2026
Law Enforcement Immigration Task Force Focus Point
Introduction
Police departments and sheriff’s offices nationwide have faced acute staffing shortages, prompting a growing number of states and localities to reconsider traditional U.S. citizenship requirements for law enforcement officers. While most states continue to require candidates to have citizenship,[1] an increasing share have created pathways for lawful permanent residents (LPRs), individuals with legal work authorization, or, in limited circumstances, other noncitizens to serve in law enforcement positions.
As a follow-up to the Law Enforcement Immigration Task Force’s (LEITF) 2021 Backgrounder: Jurisdictions Permitting LPR Hiring, which itself followed the 2017 paper “Filling the Ranks,” this updated backgrounder provides an overview of jurisdictions that now permit noncitizens to be considered for law enforcement roles. States fall into several categories: those with no citizenship requirements; those allowing candidates with any form of legal work authorization; those restricting eligibility to LPRs; those creating special pathways for LPRs with military service; and those creating opportunities for DACA recipients. Local governments often add their own rules, resulting in a complex patchwork of standards.
Overall, the national trend reflects growing recognition that expanding eligibility to qualified noncitizens—particularly those who are LPRs, work-authorized, or have served in the U.S. military—can help departments address recruitment challenges while maintaining public safety.
States with No Citizenship Requirements
Colorado
Colorado has no statewide citizenship requirement, allowing departments to hire any work-authorized individual. Despite this flexibility, major cities apply their own policies. Denver, for instance, allows hiring noncitizens who have work authorization (including DACA recipients), Aurora and Boulder permit LPR applicants, and El Paso County maintains a citizenship requirement.
Vermont
Vermont also lacks a statewide citizenship requirement. The city of Burlington, however, permits law enforcement officer candidates to be LPRs or citizens.
West Virginia
West Virginia imposes no statewide citizenship requirement for law enforcement officers. However, many major cities, such as Huntington, Morgantown, and Wheeling, require U.S. citizenship for their police officers. It is unclear whether other municipalities in West Virginia actively hire noncitizens for these roles.
States Permitting Candidates Possessing Legal Work Authorization
Maine
Maine explicitly allows any individual with legal work authorization to apply for law enforcement positions. However, the requirements vary by jurisdiction. For instance, the Maine State Police and Portland’s police department require noncitizen applicants to be LPRs, but some local police departments consider noncitizens with valid work authorization.
California
California has adopted the same standard, permitting candidates with legal work authorization to serve. Some large cities, nonetheless, continue to limit the hiring of police officers to U.S. citizens and LPRs, such as the San Diego Police Department.
Illinois
In 2023, Illinois passed a bill that allows work-authorized noncitizens, including Dreamers, to work as police officers. The bill amended the Illinois Municipal Code to provide “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, subject to all requirements and limitations, other than citizenship, to which other applicants are subject.” The bill, however, allows localities to decide whether to allow the hiring of noncitizens as police officers. In that regard, the Chicago and Champaign Police Departments allow noncitizens with work authorization to be hired.
New Mexico
In 2025, New Mexico passed a bill that mirrors Illinois’ law, permitting both citizens and work-authorized noncitizens to work as police officers. The bill, however, allows local jurisdictions to maintain stricter citizenship rules. For instance, the cities of Gallup and Alamogordo continue to require U.S. citizenship to be considered for the position.
State Requiring “Unrestricted Employment”
Hawaii
Hawaii requires candidates to be LPRs or eligible for “unrestricted employment” under federal law. Unrestricted employment refers to federal employment authorization that is not limited to a specific employer, job, or location. It includes permanent unrestricted employment (available to U.S. citizens, lawful permanent residents, refugees, and asylees) and temporary unrestricted employment, where individuals hold a USCIS Employment Authorization Document (EAD) — such as certain adjustment applicants, TPS holders, F-1 students, and DACA recipients — while excluding visa categories tied to a specific employer, such as H-1B, J-1, or TN. However, many jurisdictions like Honolulu and Kauai limit eligibility to U.S. citizens, LPRs, and certain noncitizen nationals (such as individuals born in American Samoa and Swains Island). Hawaii’s approach is more flexible than a strict LPR requirement but more restrictive than broad work-authorization models.
States Requiring LPR Status (Green Card Holders)
North Dakota
North Dakota allows U.S. citizens and LPRs to work as police officers. Several municipal police departments permit LPR hiring, such as the Bismarck Police Department. However, some statewide law enforcement agencies, such as the North Dakota Highway Patrol require U.S. citizenship for trooper positions.
Oklahoma
Oklahoma follows the same rule permitting U.S. citizens and LPRs to work as police officers. However, major cities such as Oklahoma City and Tulsa require citizenship. Nevertheless, some municipalities like Norman and Glenpool do allow LPRs to be hired as police officers.
Washington, D.C.
The Metropolitan Police Department of the District of Columbia accepts applications from U.S. citizens and LPRs pursuant to policy changes implemented following enactment of the District’s Comprehensive Policing and Justice Reform Amendment Act of 2022. Although Congress voted in 2023 to overturn that law, the effort was blocked by a presidential veto, allowing the noncitizen hiring provision to remain in effect. More recently, the U.S. House of Representatives has again passed legislation to repeal the Act, and future federal action could reverse the District’s current eligibility standards.
Utah
Utah allows citizens and LPRs who have lived in the U.S. for at least five years to work as police officers. For instance, the Salt Lake City Police Department accepts applications from U.S. citizens and LPRs. There are other municipalities, however, that only consider applications from U.S. citizens, such as Richfield and Ogden.
State Allowing DACA Recipients
Washington State
Washington State mandates that law enforcement applicants be U.S. citizens, LPRs, or DACA recipients. In that regard, the Seattle Police Department accepts applications from DACA recipients.
States Allowing LPRs with Military Service
Maryland
Maryland generally requires police officers to have U.S. citizenship, but also permits (but does not require) jurisdictions to hire LPRs honorably discharged from the U.S. military. Consistent with state law, jurisdictions vary as to whether they consider honorably discharged LPR applicants. For example, Rockville accepts such applications, while Havre de Grace only accepts citizen applications.
Tennessee
Tennessee maintains a citizenship requirement but allows LPR U.S. military veterans who were honorably discharged to apply for law enforcement positions. The Metropolitan Nashville Police Department, for instance, is following the state guidance and accepting applications from LPRs honorably discharged from the U.S. military.
States with Unclear or Conflicting Requirements
Massachusetts
The rules in Massachusetts around noncitizens working as police officers are complicated and conflicting. There are some municipalities in Massachusetts that allow legal permanent residents to serve as police officers, such as Cambridge, New Bedford, Worcester, and Fall River, but others – including the Massachusetts State Police –require candidates to possess U.S. citizenship.
States with Waivers
Connecticut
Connecticut allows U.S. citizens and LPRs to serve as police officers, in accordance with 2020 guidance issued by the Police Officer Standards and Training (POST) Council, the Connecticut state agency that oversees state law enforcement training and credentialing. In limited circumstances, POST may issue waivers departing from this requirement to permit the consideration and hiring of qualified DACA recipients. Some Connecticut municipalities have started to accept applications from DACA recipients after obtaining the necessary waivers from POST, such as Willimantic, Norwalk, and Bridgeport.
Virginia
Virginia requires U.S. citizenship but allows police chiefs to waive this requirement for “good cause,” creating a narrow pathway for noncitizen applicants. For example, the Charlottesville Police Department accepts applications from U.S. citizens or permanent residents — provided the candidate obtains a waiver from the Virginia Department of Criminal Justice Services. However, other municipalities like Hampton and Newport News mandate U.S. citizenship for police officers.
In 2024, the Virginia General Assembly passed two bills that would have expanded eligibility for law enforcement positions by expressly permitting the hiring of lawful permanent residents and DACA recipients statewide. Governor Glenn Youngkin vetoed both measures, maintaining the existing citizenship requirement and waiver-based approach, but the bills could be reintroduced in future legislative sessions.
Conclusion
As law enforcement agencies continue to confront persistent staffing shortages, an increasing number of states and municipalities are reexamining long-standing citizenship requirements. While the national landscape remains uneven, the trend toward allowing LPRs and other work-authorized individuals like Dreamers to serve reflects a growing recognition of the need to widen applicant pools without compromising professional standards. Adoption of such policy changes at the state and local levels ensures that departments can fully access this expanded pool of qualified candidates while promoting consistency, transparency, and public trust.
Table: Eligibility of Noncitizens to Serve as Law Enforcement Officers in U.S. Jurisdictions (2025)
| State / Jurisdiction | Statewide Eligibility Standard | LPRs Eligible? | Work-Authorized Noncitizens Eligible? | DACA Recipients Eligible? | Notable Local Variations / Notes |
| California | Legal work authorization permitted | ✔ Yes | ✔ Yes | ✔ Yes | Some large cities (e.g., San Diego) restrict hiring to citizens and LPRs |
| Colorado | No citizenship requirement | ✔ Yes | ✔ Yes | ✔ Yes | Denver allows work-authorized applicants including DACA; Aurora & Boulder limit to LPRs; El Paso County requires citizenship |
| Connecticut | Citizens or LPRs; waivers possible | ✔ Yes | ✘ No | ✔ Yes (by waiver) | POST may grant waivers; Willimantic, Norwalk & Bridgeport accept DACA recipients |
| Hawaii | LPRs or eligible for “unrestricted employment” | ✔ Yes | Limited (unrestricted only) | ✔ Yes (if EAD qualifies) | Honolulu & Kauai restrict to citizens, LPRs, and certain U.S. nationals |
| Illinois | Citizens or legally work-authorized (2023 law) | ✔ Yes | ✔ Yes | ✔ Yes | Local option preserved; Chicago & Champaign allow work-authorized applicants |
| Maine | Legal work authorization permitted | ✔ Yes | ✔ Yes | ✔ Yes | Maine State Police & Portland PD require LPRs; some local departments accept work-authorized applicants |
| Maryland | Citizens; LPRs allowed only if honorably discharged veterans | ✔ Yes (veterans only) | ✘ No | ✘ No | Rockville accepts LPR veterans; Havre de Grace requires citizenship |
| Massachusetts | Unclear / conflicting | ✔ Yes (some localities) | ✘ No | ✘ No | Cambridge, New Bedford, Worcester & Fall River allow LPRs; State Police require citizenship |
| New Mexico | Citizens or legally work-authorized (2025 law) | ✔ Yes | ✔ Yes | ✔ Yes | Localities may impose stricter rules; Gallup & Alamogordo require citizenship |
| North Dakota | Citizens or LPRs | ✔ Yes | ✘ No | ✘ No | Many municipal PDs allow LPRs; ND Highway Patrol requires citizenship |
| Oklahoma | Citizens or LPRs | ✔ Yes | ✘ No | ✘ No | Oklahoma City & Tulsa require citizenship; Norman & Glenpool allow LPRs |
| Tennessee | Citizens; LPRs allowed only if honorably discharged veterans | ✔ Yes (veterans only) | ✘ No | ✘ No | Nashville follows veteran LPR exception |
| Utah | Citizens or LPRs (5 years U.S. residence) | ✔ Yes | ✘ No | ✘ No | Salt Lake City accepts LPRs; Richfield & Ogden require citizenship |
| Vermont | No citizenship requirement | ✔ Yes | ✔ Yes | Possibly | Burlington permits citizens and LPRs |
| Virginia | Citizenship required; waivers for “good cause” | ✔ Yes (with waiver) | ✘ No | ✘ No | Charlottesville accepts LPRs w/ waiver; Hampton & Newport News require citizenship; 2024 expansion bills vetoed |
| Washington (State) | Citizens, LPRs, or DACA recipients | ✔ Yes | ✘ No | ✔ Yes | Seattle PD accepts DACA recipients |
| Washington, D.C. | Citizens or LPRs (post-2022 reform) | ✔ Yes | ✘ No | ✘ No | Policy tied to 2022 Act; congressional repeal efforts ongoing |
| West Virginia | No citizenship requirement | ✔ Yes | ✔ Yes | Possibly | Major cities (Huntington, Morgantown, Wheeling) require citizenship |
[1] States with citizenship-only requirements include: Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey (legislation pending), New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Wisconsin (legislation pending), Wyoming.



