How This Topic Came Up
About 3–4 months ago, a video that went viral on social media brought up the issue of whether individuals with asylum status can serve as police officers in the U.S. This sparked an intense debate both in legal circles and among the public.
What Is the Situation Across the U.S.?
Immigration status is a critical factor in determining whether one can become a police officer (peace officer) in the U.S. At the federal level, there is no uniform standard; however, some states have introduced flexibility through legal regulations.
- California, with a law passed in 2022 (SB-960), removed the citizenship requirement and deemed only “having legal authorization to work in the U.S.” sufficient. As a result, not only green card holders but also asylum seekers and other EAD (employment authorization document) holders can apply to become police officers.
- Illinois, with a law enacted in 2023 (PA-103-0357), also allowed non-citizens with work authorization to apply for policing positions. In particular, the Chicago Police Department is able to consider green card holders and even DACA-covered Dreamers.
- Similarly, Nevada amended its law in 2023 (AB-30), opening the door to applicants with work permits. Colorado, through legislation that came into effect in 2023 (HB23-1143), also removed the citizenship requirement. However, it should be noted that some cities (e.g., Denver) can still impose citizenship requirements under their own charters.
- In Maryland and Tennessee, only green card holders who have been honorably discharged from the U.S. armed forces are eligible to apply for police positions.
- Louisiana and Maine, in some cases, have allowed green card holders to apply without requiring citizenship. However, certain cities (e.g., Baton Rouge, Lewiston) have imposed their own citizenship requirements.
- In Hawaii, individuals with “unrestricted work authorization” in the U.S. (such as citizens, green card holders, refugees, and asylees) may apply. However, temporary or employer-dependent visas (such as H-1B or J-1) do not qualify.
Can Asylum Seekers Become Police Officers?
A person with a pending asylum application cannot apply to become a police officer solely on the basis of their “pending asylum” status, since this does not by itself confer legal work authorization. However, once the individual receives an Employment Authorization Document (EAD) from USCIS, they are considered “legally authorized to work in the U.S.” At that point, the possibility of applying for a police position depends on the laws of the relevant state. Some states accept only green card holders, while others allow asylum seekers with an EAD to apply as well.
Reliable Sources
- USCIS: Asylum seekers can apply for work authorization while physically present in the U.S. if they meet specific requirements.
- Law Enforcement Immigration Task Force (LEITF) Report: Notes that in some states and cities, citizenship requirements have been lifted, allowing LPRs and certain asylum groups to pursue law enforcement careers.
Oguz Law’s Analysis
The legal landscape on this issue is complex and varies by state. For an asylum seeker considering applying to the police force, key questions include:
- In which state do they plan to apply?
- Are they still in the asylum application process, or do they already have an EAD?
- What legal conditions does local law set for police eligibility?
At Oguz Law, we guide our clients through this complicated process by:
- Researching state-level legal requirements,
- Analyzing which positions asylum seekers may be eligible for,
- Providing a strategic legal roadmap when applicable.
Need assistance?
