By Hannah Davis
FAIR
The disturbing trend by states toward allowing illegal aliens to become law enforcement officers has continued this legislative session. While it is not surprising that open-border states like California, Colorado, and Illinois have passed laws to permit illegal aliens to become law enforcement officers, it is not reserved to them alone. Both the Virginia and Wisconsin legislatures are considering bills this session that would negate the U.S. citizenship requirement to become a law enforcement officer.
In Virginia, Senator Jeremy McPike (D-Woodbridge) has introduced Senate Bill (SB) 69, which allows Deferred Action for Childhood Arrivals (DACA) beneficiaries to become police officers, including positions such as chief of police, deputy sheriff, and jail officer. Under current law, only U.S. citizens are eligible to become police officers.
Since the legislature convened in January, SB 69 has been moving quickly. The Senate voted 21-18 to pass the bill on February 13. The House Public Safety Committee has also passed S.B. 69 and the legislation appears poised to reach the floor of the Virginia General Assembly.
Senator McPike explained why he introduced SB 69 via X (formerly Twitter), stating, “Kids who have always dreamed of being a police officer should have the chance to do so.” Senator McPike is fortunate to have the support of William County Police Chief Peter Newsham. Chief Newsham voiced his support for SB 69, claiming it is “fundamentally unfair” for people brought here as children to be excluded from becoming a police officer. He said, “For them not to be able to do that is an injustice.”
While Senator McPike and Chief Newsham appear sympathetic to DACA recipients, they seem perfectly comfortable creating a situation in which illegal aliens can enforce U.S. law—and in doing so, can arrest and take into custody U.S. citizens and legal permanent residents. Furthermore, neither has fully explained how DACA beneficiaries can serve as police officers when federal law generally bars illegal aliens from possessing firearms.
Similar to Virginia, the Wisconsin legislature is seeking to change the law to eliminate the uniform citizenship requirement by allowing illegal aliens granted DACA to become police officers.
Assembly Bill (AB) 51 appeared poised to pass the Wisconsin legislature this session, but now is on hold. The legislation originally passed the Assembly in March 2023 and traveled to the Senate, where the Judiciary and Public Safety Committee voted 6-1 in favor of the measure in May. Then, the bill carried over to this legislative session and was on the calendar for consideration in the Senate on February 20. The bill failed when Senator Steve Nass (R-Walworth) called for a roll call vote.
HB 51 has now been moved to the Committee on Senate Organization. While it is on hold for now, it could be brought back up at any time until the legislature adjourns on March 14.
Representative John Macco (R-Ledgeview) wrote in support of his bill saying, “Simply, it is common-sense legislation that would allow local law enforcement agencies to hire diverse and qualified candidates that have been in the U.S. since they were children, pay taxes, and contribute to their community every day.”
What proponents seem to ignore is that the grant of DACA to illegal aliens does not change their immigration status; it simply defers their deportation for a period of time.
Ironically, the legislators pushing these bills talk about how these illegal aliens are “qualified” to become law enforcement officers. But, as mentioned above, illegal aliens are generally barred from possessing firearms. Moreover, to carry out their duties, officers must take an oath of office, which requires them to enforce the law and protect the constitutional rights of all in their community. DACA recipients cannot, in good faith, take this oath because they continuously reside in the United States in violation of the law. And, even if the illegal aliens who benefited from DACA were otherwise law-abiding, their illegal status could impede their efforts to enforce the law.
State legislators pushing proposals to allow illegal aliens to become police officers are not only undermining the rule of law but also threatening public safety. The public must be confident that the officers sworn to protect them and uphold the law are upstanding citizens in the community. FAIR is working with state legislators to make sure these bills do not advance and to protect the integrity of law enforcement agencies across the country as we deal with the worst border crisis in history.
