The Denver Finance and Governance Committee discussed a measure that would allow non-citizens to apply to become Denver Police Department officers and firefighters. As a charter amendment, the proposal must be referred to Denver voters for the November general election.

Denver has struggled to fill out police ranks since a large number of officers left the department — through resignation or retirement — in 2021, according to Councilmember Amanda Sandoval, and has yet to recover. The issue was part of Mayor Mike Johnston’s campaign, as he committed to hiring more new police officers, and it also plagued former Mayor Michael Hancock’s final years in office.

Currently, the city charter has a line requiring Denver police and fire department applicants be a lawful U.S. citizen. The proposal, pending full council and then voter approval, will remove that language — opening the door for those with valid work authorization, legal permanent residency or are a Deferred Action for Childhood Arrival (DACA) recipient.

“We want to provide a path for employment for all who deserve it,” Sandoval said during the Tuesday meeting. “We want to reduce employment discrimination, enhance diversity, inclusion and community orienting policing, and assist with recruitment and retention issues.”

The proposed ballot question reads “Shall the Charter of the City and County of Denver be amended to remove the requirement that police officers and firefighters be United States Citizens?”

The Denver Sheriff’s Department has already removed the citizenship requirement for its prospective applicants, according to city staff.

In an anecdotal note, Council President Jamie Torres said the council has heard from people who run citizen academies for the Denver Police Department that immigrants have “regularly” shown up only to learn they are ineligible to apply.

“We are actively turning people away who want a job like this,” Torres said. “California lifted any prohibition based on immigration status, and the Los Angeles Police Department brought on 10 DACA recipients in 2023.”

California isn’t the only one. Maryland, North Dakota, Tennessee and Washington allow some or all lawful permanent residents to serve as a police officer. Tennessee, however, only makes this exception for honorably discharged veterans.

And in Colorado, Denver would not be the first to remove a citizenship requirement. Both Boulder and Aurora require applicants be a lawful permanent resident. Boulder’s police officer job description doesn’t list a citizenship requirement, though Aurora lists U.S. citizenship or lawful permanent residence as a minimum requirement to apply.

State law allows DACA recipients to possess firearms and serve as law enforcement officers, according to HB23-1143 which was signed into law by Gov. Jared Polis in June of 2023. It became effective in August of the same year. The bill drew bipartisan support in the state legislature, sponsored by three Democrats and one Republican, according to The Denver Gazette’s media partner 9News.

During the Denver committee presentation, councilmembers highlighted a concerted effort to speak with as many stakeholders as possible. These included the Police Protective Association (PPA), the Denver Civil Service Commission, Denver Firefighters Local 858, the police and fire departments and the Department of Public Safety.

While Police Chief Ron Thomas, Fire Chief Desmond Fulton and the Civil Service Commission support the measure, councilmembers did not highlight PPA support. The Denver Gazette asked the PPA for a comment on the matter, but did not hear back before press time.

During the presentation, Sandoval said the proposal was not prompted by the arrival of new immigrants to Denver, many of whom crossed the southern border illegally, and wouldn’t apply to them anyway. While it may be an option at some point, Sandoval said this event was not the reason for changing the charter’s language.

“This can be for them, but they have to go through the same process as everybody else,” she said. “You still have to be proficient in English, you still have to meet a lot of other requirements to even be able to apply.”

The proposed bill will advance to the full City Council, which meets next during the second week of July. From there, it must be viewed twice before final approval, pending any amendments by councilmembers. If approved in council, it falls into the hands of Denver voters.