When it comes to hiring in the federal government, the rules about what you can and can’t ask a job candidate are strict. Questions about race, religion, or national origin are clear no-go zones under federal anti-discrimination laws. But if you’re recruiting for a position that requires a security clearance or involves access to classified information, the rules shift—especially around citizenship.
For most federal positions, U.S. citizenship is preferred but not always required. Certain roles, particularly in agencies like the Department of Defense or Department of State, allow the hiring of lawful permanent residents or foreign nationals in limited cases. However, if the position is designated as national security sensitive, citizenship isn’t just a preference—it’s a requirement.
Here’s why:
National Security Exceptions to Federal Hiring Rules
The Civil Rights Act of 1964 and the Immigration Reform and Control Act of 1986 generally prohibit employment discrimination based on national origin or citizenship status. But the federal government—and its cleared contractors—operate under a specific carveout:
Positions requiring access to classified information or certain sensitive duties may lawfully require U.S. citizenship.
The legal authority comes from Executive Order 12968, which states that eligibility for access to classified information is limited to U.S. citizens, with rare exceptions.
In practical terms, that means an employer hiring for a role that requires a security clearance can ask about citizenship as part of the application process, because citizenship is a bona fide job requirement.
Security Clearance = Citizenship Check
Most national security positions require at least a Secret or Top Secret clearance, and U.S. citizenship is a baseline eligibility factor for those clearances. If you’re hiring for:
- Department of Defense cleared positions under the National Industrial Security Program (NISP)
- Intelligence Community roles requiring Sensitive Compartmented Information (SCI)
- Contractor positions supporting classified programs
…it’s perfectly lawful—and expected—to confirm citizenship upfront.
Asking a candidate “Are you a U.S. citizen?” in this context isn’t discrimination; it’s compliance with federal security clearance requirements.
Where Federal Law and National Security Diverge
Here’s where it gets interesting: for most non-sensitive federal jobs, citizenship status can’t be the deciding factor unless otherwise specified by law. A US government agency that isn’t filling a sensitive role can’t automatically disqualify a green card holder unless the job announcement specifies US citizenship as a requirement.
But for national security positions, citizenship isn’t just an agency preference—it’s a legal prerequisite tied to classified access. This creates an unusual situation where asking about citizenship, which would normally be considered discriminatory in private-sector hiring, is permitted and necessary for cleared roles.
What Recruiters and Candidates Should Know
Employers can ask about citizenship early if the position requires a clearance or access to sensitive information.
Citizenship must be verified before a candidate can move forward in the security clearance process.
Dual citizens may face additional scrutiny, but dual citizenship doesn’t automatically disqualify someone—it simply requires careful adjudication under the security clearance guidelines.
The bottom line? If a role touches classified information, asking about citizenship isn’t just legal—it’s essential for national security compliance. Candidates applying for cleared jobs should expect it, and recruiters should understand when and why they’re allowed to ask.
In the world of federal personnel vetting, citizenship is the first checkpoint on the road to a security clearance.
