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Wednesday, Dec. 3, 2025

Can Wisconsin require state jobs go only to Americans?

Tom Kertscher / Wisconsin Watch, Wisconsin Watch
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 “go to Americans.”

His congressional and campaign offices did not respond to requests for comment. 

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 state’s hiring handbook says the state can hire only people legally in the U.S., but “shall not refuse to hire aliens based on their foreign appearance, accent, language, name, national origin, citizenship, or intended U.S. citizenship.”

This fact brief is responsive to conversations such as this one.

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