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Can Wisconsin require state jobs go only to Americans?
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No.
The state of Wisconsin generally cannot consider U.S. citizenship or national origin in hiring for state jobs.
Republican U.S. Rep. Tom Tiffany of northern Wisconsin, who is running for governor in 2026, said Nov. 17 he would ensure state jobs βgo to Americans.β
His congressional and campaign offices did not respond to requests for comment.Β
The U.S. Supreme Court has held that states cannot restrict public employment to citizens.
Both public and private employers are generally barred by federal law from treating people differently based on national origin or ethnicity.
Wisconsin laws prohibit discrimination by public or private employers based on national origin or ancestry.
The stateβs hiring handbook says the state can hire only people legally in the U.S., but βshall not refuse to hire aliens based on their foreign appearance, accent, language, name, national origin, citizenship, or intended U.S. citizenship.β
This fact brief is responsive to conversations such as this one.
Sources
- FindLaw: Sugarman v. Dougall 413 U.S. 634 (1973)
- Cornell University Legal Information Institute: Amdt14.S1.5.3.2 Alienage Classification
- Wisconsin Statutes: State Employment Relations
- U.S. Equal Employment Opportunity Commission: National Origin Discrimination
- Wisconsin Department of Workforce Development: Discrimination because of Race, Color, National Origin, and Ancestry
- Wisconsin Personnel Management Division: Wisconsin Human Resources Handbook
Can Wisconsin require state jobs go only to Americans? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.
