Feds Fine Denver Sheriff’s Office for Refusing to Consider Non-Citizens for Deputy Jobs

DENVER, Colo. (Nov. 24, 2016) – In yet another example of extreme federal overreach, the U.S. Department of Justice recently fined the Denver County Sheriff’s Office because it disqualified non-citizens from applying for open deputy positions.

In early 2015, the sheriff’s office kicked of a major hiring push, adding more than 200 deputies. The department ran afoul of federal law when it made U.S. citizenship a specific condition of employment. Under the Immigration and Nationality Act, employers must give equal treatment to non-citizens who possess valid work permits unless federal, state or local law explicitly mandates citizenship as a requirement for a specific job. Because neither Colorado nor Denver County requires law enforcement officers to be citizens, the feds claim the sheriff’s office cannot exclude non-citizens from its hiring process.

According to the Daily Caller,  the Denver County Sheriff’s Office settled the case, agreeing to pay a $10,000 fine and to give due consideration to any non-citizen who applied for deputy jobs over the past two years.

This might lead you to ask, “What constitutional authority does the federal government have to dictate a county sheriff office’s hiring policy?”

The answer is none.

But when has that ever stopped the federal government from doing anything?

Tenth Amendment Center

The Tenth Amendment Center is a national think tank that works to preserve and protect the principles of strictly limited government through information, education, and activism. The center serves as a forum for the study and exploration of state and individual sovereignty issues, focusing primarily on the decentralization of federal government power as required by the Constitution. For more information visit the Tenth Amendment Center Blog.