The below listed table and information is the result of research
conducted by
Dr. Schweizer in 1998 and reflects the requirements up to 1998.
If you utilize this information in other research-papers, etc., please
make reference to this page.
If you have other specific questions concerning citizenship
requirements for
peace officers, including such requirements in other countries, contact
Dr. Schweizer
CITIZENSHIP REQUIREMENTS FOR PEACE OFFICERS
IN THE UNITED STATES
| State-Jurisdiction | Required? | Supplemental Information | |
|
1. Alabama |
Yes |
POST commission admin. Code 650-X-2-.06 Applicants to be Citizens |
|
|
2. Alaska |
no |
13 AAC 85.10 (a)(1) or res. Al. Demonstrated intent to become |
|
|
3. Arizona |
yes |
Rule 13-4-105 A |
|
|
4. Arkansas |
yes |
Com. on LE Stand. & Trng Regulation 1002 |
|
|
5. California |
No |
Must be eligible for and have filed for citizenship |
|
|
6. Colorado |
No |
||
|
7. Connecticut |
Yes |
POST council reg. 7-294e-16(c) |
|
|
8. Delaware |
Yes |
Council on Police Training Reg. Sect.II-4 subsec.2 |
|
|
9. Florida |
Yes |
11B-27.002 certif. -Sect. 943 citiz.req Talavares? |
|
|
10.Georgia |
Yes |
Req.mentioned in NE Ga. Pol. Acad. homepage |
|
|
11.Hawaii |
No |
Honolulu opening announcement states permanent Resident Alien okay |
|
|
12.Idaho |
Yes |
POST rules manual IDAPA 11.11 5,1-citizenship (3-1-89) |
|
|
13.Illinois |
No |
||
|
14.Indiana |
No |
Title 250 IAC 1-3-1 sets citizenship as req. for academy attendance |
|
|
15.Iowa |
Yes |
Iowa Law Enforcement Academy 501 Iowa Administrative Code, Chapters 2 and 3, |
|
|
16.Kansas |
Yes |
K.S.A. 74-5605; 5607a |
|
|
17.Kentucky |
Yes |
KRS 16.040 (2) |
|
|
18.Louisiana |
no |
POST-AG opinion of 94, aliens may be hired |
|
|
19.Maine |
no |
Canadian citizens have been hired by police departments in state |
|
|
20.Maryland |
Yes |
Gen. Reg. Of Police & Corr. Train. Commissions TITLE 12, SUBTITLE 04 CHAPTER 01.04 B(1) Citizenship: An applicant shall ... Provisional Certification |
|
|
21.Massachussetts |
No |
Police & Corr. Trng Commission |
|
|
22.Michigan |
Yes |
LAW ENFORCEMENT OFFICERS TRAINING COUNCIL |
|
|
23.Minnesota |
yes |
Board of Peace Off.. Stand and Training(Minnesota Rules 6700.0700 |
|
|
24.Mississippi |
Yes |
Bd.of prof. LE off. Certification pol & proc manual par 2.3 |
|
|
25.Missouri |
Yes |
POST |
|
|
26.Montana |
Yes |
POST |
|
|
27.Nebraska |
Yes |
Title 79 Chpt. 8 Subs. 004.01 A1 |
|
|
28.Nevada |
Yes |
POST committee |
|
|
29.New Hampshire |
Yes |
NH Police Standards and Training Council |
|
|
30.New Jersey |
yes |
NJ Pol.TrngCom.GeriSchaeffer POB 085 Trent. 08625 |
|
|
31.New Mexico |
Yes |
NMSLE DPS-NMSA 29-7-6 Citizensp & age requirements |
|
|
32.New York |
Yes |
Public officers law |
|
|
33.North Carolina |
Yes |
CJ Educ.& Trng Standards Comm. |
|
|
34.North Dakota |
Yes/No |
Article 10-06 of ND Administrative Code but Canadians
have been hired |
|
|
35.Ohio |
No |
One agency has hired Latin American |
|
|
36.Oklahoma |
Yes |
CLEET |
|
|
37.Oregon |
Yes |
RULE 259 08 010. MINIMUM STANDARDS FOR EMPLOYMENT AS A LAW ENFORCEMENT OFFICER Not for more than one year if not citizen |
|
|
38.Pennsylvania |
Yes |
||
|
39.Rhode Island |
Yes |
Legal/legislative basis for requirement unknown |
|
|
40.South Carolina |
Yes |
AG opinion on Section 5-7-110 10 Dec 87 |
|
|
41.South Dakota |
Yes |
Admin. Code Rules 0201.2:01:02:01. |
|
|
42. Tennessee |
Yes |
T.C.A. 38-8-106 |
|
|
43.Texas |
No |
Atty. General of TEX ruled req. unconstitutional as written |
|
|
44.Utah |
Yes |
Utah Code 53-6-203. (a) |
|
|
45.Vermont |
No |
CJTrngCouncil: Some agencies have hired Canadian citizens. |
|
|
46.Virginia |
Yes |
Req. may be waived for good cause |
|
|
47.Washington |
No |
All agencies require it |
|
|
48.West Virginia |
No |
All agencies require it anyway-per Email |
|
|
49.Wisconsin |
Yes |
||
|
50.Wyoming |
Yes |
State Admin. Code97titles/title9.htm |
|
| Wash. D.C. | |||
NOTE: While states may not have a statute or other legal requirement
mandating peace officers to be U.S. citizens,
individual jurisdictions (cities, counties, etc.) are free to impose such a
requirement on their own and most do so.
There are no STATE agencies hiring foreign nationals.
ALABAMA: rule 650-X-2-.06 Applicants to be citizens (effective Sep 29, 1983)
In Alabama peace officer standards and training commission feb 1 1990
In Administrative Procedures/rules and regulations
ALASKA Rule 650-X-2-.06 Applicant to be citizen of the US effective 29 Sep 83
Authority: title 36-21-41 Title 36-21-46
ARIZONA R13-4-105. Minimum qualifications for appointment
A. Prior to appointment or attending an academy a person shall meet the following
minimum qualifications:
The person shall be a United States citizen.
ARKANSAS- 1-4-1990 Manual of Regulations
Commission on Law Enforcement standards and training
Regulation 1001. Minimum standards for employment or appointment
(2) be a citizen of the US
Colorado: peace officer standards and training board… Citizenship no longer required.
NO. In previous years U.S. citizenship was a certification requirement, but not any longer. However, individual agencies may have local or county regulations that prohibit them from hiring someone who does not have U.S. citizenship.
DELAWARE-council on police training
Manual of regulations 2nd Revision 1991 Sect. II-4 subsec. 2
The applicant shall be a citizen of the US
FLORIDA: 11B-27.002 Certification …of Officers
(a) evidence of the applicants age and citizenship verified only by means in accordance with commission established policies and procedures Rules of the Dept of LE, CJ standards and training commission Chapter 11B-27 Certification and employment or appointment
IDAHO Rules manual of Idaho peace officers sstandards and training council
Idaho: IDAPA 11.11 5,1 Citizenship: must be a citizen of the US 3-1-89
IllINOIS-local governmental law enforcement officers training board
Illinois administrative code
Not state wide requirement for all peace officers
Sheriffs- Sec 55 ILCS 5/3-6033 requirement for sheriffs and deputies in conties under 1 mill Municipal civil service- 65 ILCS 5-10-1-7
Cook county-55ILC 5/3-7008 Cook county Sheriffs Merit Board req. citizenship but has no minimum age requirement
INDIANA-law enforcement training board-Rule 3 Indiana Administrative Code title 250
Min. standards regarding acceptance of persons for training No citizenship mentioned. LETB 6-90 . Academy requires citizenship-roundabout method
Louisiana:
No law prohibiting it. Aubrey Futurell POST Atty Gen opinion in 94 that council may certify alien if permanent resident with green card. Issue probably came up because someone was in process of becoming police officer as foreign citizen.
MAINE-CJ academy only trains people… no mention of citizenship req. refers to state law setting standards and not a governmental body or commission. Contact with
No state requirement. Some agencies have hired Canadian citizens 17 Sep 98
MINNESOTA Minimum selection standards 6700.0700 Subpart 1. A The applicant shall be a US citizen In chapter 6700 Board of Peace Office Standards and Training
Section of Training and licensingMinnesota Minimum selection standards
6700.0700 Subpart 1. A The applicant shall be a US citizen
Mississippi:
ODD QUIRK: Minors who were emancipated based on court order have to be permitted to attend police academy even though they do not meet the minimum age requirement, pursuant to AG.
MONTANA: POST Rule 7-32-303 Peace officer employment, education, and certification standards
(2)(a) be a citizen of the United States
POST Council Manual 1990
NEVADA Sect. 481.040 1(b) (must be a citizen of the US)
In chapter 481- Standards and Training for peace officers
Peace officer standards and training committee/division under DPS
NEW HAMPSHIRE Code of Administrative Rules
Rules of the NH Police Standards and Training council 6-88
Pol. 301.03 Citizenship No person shall be appointed as a police office unless he/she is a citizen of the US p.12
New Jersey:
Citizenship not required for Class II officers, only residency in NJ. Special Police used by private industry and also by local governments to augment regular force… beaches, resorts, etc. Sheriffs do not have to be trained.
NEW YORK
Citizenship-yes
Division of CJ Services, Bureau of Municipal Police Executive Department
Peace and police officers classified as public officers
Must have citizenship at time of appointment
72 categories of peace officers
36-40 categories of police officers
NORTH CAROLINA
North Carolina Administrative Code (rev. 7/90)Subchapter 9B Standards for CJ employment: Education and Training
Section .0101 (1)be a citizen of the US
NORTH DAKOTA: Peace officer standards: article 10-06 of ND Administrative Code
Chapt. 12-63 of the ND Century Code- no mention of citizenship
Ccitizenship is required for deputies and municipal officers if APPOINTED. If they have employee status-not required. Up to local jurisdictions. Some Canadians DO serve as peace officers in municipalities.
OREGON Board on police standards and training Feb 1990OREGON RULE 259 08 010. MINIMUM STANDARDS FOR EMPLOYEMTNE AS A LAW ENFORCEMENT OFFICER
(1)Citizenship
No person may be employed as a correctionsl, parole and probation, or police officer for more than one year unless the person is a citizen of the US.
South Carolina:
Officers must be electors, hence citizens.
UTAH Code 53-6-203. --- Applicants
for admission to training programs or for certification examination -- Requirements.
(a)citizenship
VIRGINIA- Paragraph 15.1-131.8 Code of Virginia as of 1 Aug 91
1. applicant must be US citizen
requirements may be waived upon request of sheriff or chief/agency administrator, Dept. of CJ Services DCJS is authorized to waive requirements set forth for good cause.
Will consider a waiver upon completion of DCJS Form w-1 application of waiver for minimum qualfiications.
WISCONSIN department of justice law enforcement standards board
July 91 Policies and procedures manual chapter II
Min standards for employment as pace officers, detention officers, and dispatchers
…. Meet…. And these rules before being employed Sect. 1 (a) (I) be a US citizens
Pursuant