Noncitizens in State and Local Government Jobs

The Fourteenth Amendment's Equal Protection Clause limits how states treat lawfully present noncitizens. In Sugarman v. Dougall in 1973 the Supreme Court struck down New York's ban on noncitizens in its civil service, and in Bernal v. Fainter in 1984 it struck down a Texas rule barring noncitizens from becoming notaries. As a result, permanent residents and other authorized workers may hold most state and local government jobs.

The Court recognized a political function exception for positions that involve carrying out core government authority. It upheld citizenship requirements for state troopers in Foley v. Connelie in 1978, for public school teachers in Ambach v. Norwick in 1979, and for probation officers in 1982. States may also require citizenship for elected office and for jurors. Several states have chosen to open more positions: California in 2022 and Illinois in 2024 allowed noncitizens with work authorization to become police officers.

Noncitizens hold many state and local jobs, especially at public universities, hospitals, and school districts, which often sponsor work visas. Some cities and towns, including several in Maryland, allow noncitizen residents to vote in local elections, while New York City's law allowing them to vote was struck down by the state's highest court in 2025. Supporters of opening jobs to noncitizens say local governments need workers and that residents who pay taxes should be able to serve, while opponents say public authority should rest with citizens.