A bill moving through the Washington State Legislature would allow lawful permanent residents and foreign nationals who are recipients of the Deferred Action for Childhood Arrivals (DACA) program to serve as police officers and deputy prosecutors. Critics argue that this move would enable noncitizens to “take away the rights of U.S. citizens.”
“We’re talking about a police officer’s ability to take away your rights under certain situations,” said Rep. Jenny Graham, R-Spokane, during a Thursday vote in the House Community Safety Committee. “These would be individuals that are not U.S. citizens that have the ability now to take away the rights of a U.S. citizen.”
Under federal law, green card holders can live permanently in the U.S., own property, and join the armed forces. However, DACA recipients, while protected from deportation and eligible for work authorization, do not have lawful immigration status, U.S. citizenship, or permanent residency.
Senate Bill 5068 would allow foreigners authorized to work in the U.S. and DACA recipients to apply for and be hired as law enforcement officers, including with the Department of Fish & Wildlife, as well as for non-elected positions such as deputy prosecutors.
The bill cleared the state Senate unanimously and passed the House Community Safety Committee with revisions. One amendment protects law enforcement agencies from employment discrimination claims if an applicant is rejected for being “impractical” to hire.
Additionally, the bill prevents the Criminal Justice Training Commission from denying officer certifications to individuals who cannot legally own firearms under federal law due to their immigration status.
Committee Chair Roger Goodman, D-Kenmore, defended the measure, stating its goal is to “widen the pool of possible recruits” beyond lawful permanent residents and DACA recipients to others legally present in the U.S.
Rep. Brian Burnett, R-Wenatchee, opposed the bill, citing concerns about whether such officers could legally carry firearms off duty or across state lines. “We do not want to set these people up for failure or criminal charges,” Burnett stated. “We have a commitment to protect our citizens … but also the agencies that these people would be working for.”