WA Bill Could Empower Noncitizens to Police and Prosecute U.S. Citizens

(The Center Square) — Legislation currently under consideration in the Washington State Legislature aims to permit legal permanent residents and individuals enrolled in the Deferred Action for Childhood Arrivals (DACA) program to serve as law enforcement officers and file charges as deputy prosecutors. Critics argue this could let non-citizens infringe upon the rights of U.S. citizens.

"We’re discussing a law enforcement officer's capacity to deprive you of your rights in specific circumstances," stated Representative Jenny Graham, R-Spokane, before a Thursday discussion. vote In the House Community Safety Committee, they stated, "These would be people who aren’t U.S. citizens but currently possess the power to strip the rights of a U.S. citizen."

According to federal immigration laws, individuals who have acquired green cards can reside permanently in the U.S., possess real estate, and enlist in the American military.

The original DACA initiative was launched in 2012. In 2021, a federal court decision deemed the program illegal and halted new submissions, despite ongoing participation being unaffected. DACA recipients' protections and renewals were maintained. DACA recipients, while protected from deportation and eligible for work authorization, do not have lawful immigration status and are not considered U.S. citizens or lawful permanent residents.

Senate Bill 5068 Would allow foreign nationals permitted to work in the U.S. along with DACA beneficiaries to qualify for and secure employment as law enforcement officials, encompassing roles at the Department of Fish & Wildlife, as well as non-elective capacities like deputy prosecutors.

The state Senate passed the bill unanimously, and it moved forward from the House Community Safety Committee after receiving certain amendments. These changes now shield law enforcement agencies from facing employment discrimination lawsuits should they reject an applicant; this protection applies if their judgment concludes that employing the individual would not be practical.

Moreover, the updated legislation prevents the Criminal Justice Training Commission from refusing or canceling certification for an individual based on their immigration status, particularly if they are not allowed to own or carry a firearm according to federal regulations.

Committee Chair Roger Goodman, D-Kenmore, told colleagues that the “intent is to widen the pool of possible recruits to include not only those who are lawful permanent residents or green card holders and DACA recipients, but a wider universe of those who are legally authorized to be in the United States.”

It might be possible that some of these recruits, despite being legally permitted to stay in the United States, are still barred from possessing weapons according to federal laws," he noted. "Therefore, the amendment ensures this restriction doesn’t stop them from getting training, certification, and employment with a law enforcement agency.

Rep. Brian Burnett, R-Wenatchee, disagreed with the bill due to "concerns about the legality of these officers carrying firearms outside their duties and potentially crossing state borders," stating that such actions "would not be permissible." He emphasized, "We shouldn’t place these individuals at risk of failing or facing criminal charges. It’s important that we uphold our responsibility to safeguard our citizens... as well as protecting the organizations they serve."